Q: Apt. complex not upholding the lease agreement
I live in a 900 unit apartment complex in NJ. We have no assigned parking unless handicapped. The lease states there is no commercial vehicle parking and those vehicles will be towed and there is also signage stating as such in front of the parking area. The complex refuses to enforce the lease agreement and says they decide which parts of the lease to enforce. Any recourse?
A:
Just as the Landlord can choose which provisions in the lease it wishes to enforce, Tenants have the same rights. Failure to enforce a provision does not mean a waiver of that provision. You have several options increasing in severity as follows:
1) Organize the Tenants to present a letter of demand to the Landlord to enforce the parking provision of the lease.
2) Organize the Tenants the Tenants to deduct a small percentage of the monthly rent which should be paid promptly to the Landlord. The small amount also paid timely into a trust escrow account preferably an attorney trust account. This, of course, would mean an attorney would need to be retained.
3) Periodically, increase the amount of the escrow until the Landlord takes corrective action. Once the parking provision is enforced by the Landlord, the escrow funds would be released to the Landlord.
4) The rent withholding tactic does not result in action. file suit seeking the enforcement of the lease provisions.
Good Luck.
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