Asked in Landlord - Tenant for Texas

Q: I do not own a vehicle yet my apartment community wants to charge me for parking spot. Do i need to pay this?

This is what my lease says about parking, "If renting a parking spot within the Apartment Community, you must complete the Parking Agreement attached hereto as Exhibit F and comply with all applicable parking rules set forth therein. All parking premiums that you agree to under Exhibit F, will be charged to you for the remainder of the lease as agreed upon under Lease Term section of the lease, regardless of if you are no longer inhabiting the leased premises. Except as provided by law, you have no right to withhold or offset any part of your parking charges for any purpose, including an act of God, or to reduce any parking fees payable to us." I move there in August. They say I need to pay $30 for the whole year even if I don't need the parking space.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: The answer to your question depends on the content of any agreement you have signed. From the excerpt contained in your question, it appears that you are only required to complete the Parking Agreement and pay the parking fee "if" you are renting a spot within the Apartment Community. But you need to read your entire lease agreement. There may be a provision somewhere else in your lease that requires you to rent a parking spot regardless of whether you own a car. It would seem unlikely since the sentence you quote begins with "If" and clearly contemplates the possibility that you might not be renting a parking spot.

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