Q: If my landlord changes guest parking into tenants parking are they required to notify you
There is a provision in my lease that designates what our assigned parking spots are
A:
Under Washington State’s Residential Landlord-Tenant Act (chapter 59.18 RCW), the rules about parking changes depend on the terms of your lease agreement and the extent to which the change affects your rights as a tenant.
Key Considerations
Lease Agreement Controls:
If your lease specifies assigned parking spots for tenants, the landlord must honor this agreement unless the lease allows for changes. Any modification to your assigned parking would generally require your consent or advance notice, as it alters a term of the lease.
Guest Parking Changes:
If the landlord changes guest parking into tenant parking and this does not affect your designated parking or the terms of your lease, they are likely not required to notify you. However, if this impacts access or other aspects of your tenancy, it could trigger notification requirements.
Material Changes to Lease Terms:
Under RCW 59.18.230, landlords cannot unilaterally modify material terms of the lease during the tenancy unless the lease explicitly allows for such changes. Parking arrangements are typically considered a material term if they are specified in the lease. See: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.230
Reasonable Notice:
If the parking changes require you to move your vehicle, change where you park, or otherwise adjust your use of the property, landlords are generally expected to provide reasonable notice. While Washington law does not specify a timeframe for such notices, 30 days is common for non-emergency changes.
What You Can Do
Review Your Lease:
Check the lease for clauses about parking, changes to property rules, or how the landlord must notify tenants of adjustments.
Request Clarification:
If the parking change affects you, ask the landlord for clarification in writing. Request documentation or an explanation of how this change aligns with your lease terms.
Assess Impact:
If the change disrupts your assigned parking or the usability of the property, you may argue that this constitutes a violation of the lease agreement.
File a Complaint:
If the landlord’s actions violate your lease or significantly interfere with your tenancy, you can file a complaint the property management company and/or owners, or file in Small Claims Court if you can show the value of the loss to your rental agreement.
Conclusion
If the parking change affects your assigned parking spot or modifies a lease term, your landlord is likely required to notify you. If it solely involves guest parking and does not impact your rights or lease terms, notification may not be necessary. Let me know if you'd like assistance reviewing your lease or drafting a letter to your landlord!
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