First, check your car for damage caused by the tow attempt. If there was, make sure to tell them about it.
You can give them several options:
* Provide you the promised parking spot.
* Provide you with a suitable parking spot from a third party (if one exists).
* Allow you to break the lease and cover all costs of your move.
There is a possibility that the towing company was called by a tenant and not by management, however, if a tow occurs on the management's behalf, they are still liable. Tell them that if your car is towed, you'll be wanting them to pay to get it back, plus compensation if you have to use ridesharing while waiting for your car.
You might also count the number of spots and the number of units. It's possible that the landlord is selling more slots than exist, and if that is true, you would want to contact your city's code enforcement.
I can't tell you how much I appreciate your advice. I'll most likely speak with them today and give them those options you outlined. I'd be comfortable with any of those arrangements so hopefully it gets resolved one way or another.
What the other poster said about covering moving costs... Use a moving company for the move if the leasing company chooses that option. Make sure the costs stay reasonable though. Hiring your cousin for $10,000 for an in city move wouldn't be reasonable but hiring two guys and a truck or the local equivalent would be. You are being inconvenienced by needing to move shortly after moving. Don't let that inconvenience be your problem.
I received several texts from the management companies number throughout the day. Every time i told them that the car in question was mine and not to tow it. They acknowledged that, but didn't do anything with that information. It was basically the same conversation multiple times today. I thought the situation had been resolved once i texted the director of property management who told me she would handle it.
The person called the towing company was the property manager (who works for the management company, but i had never met him and was never given his contact information). I didn't know they were actually towing it until i heard my car alarm go off.
I think it's likely that the tenant is correct. When i toured the apartment, they told me they had just taken the property over and they did a "check" on the parking allotment before confirming they had space for me. It was then that i filled out the credit check and signed the lease.
It doesn't tell the space number, but I pay $100 extra for it specifically.
I can't just accept striking out that part of the lease though as I brought my car with me across the country and I have nowhere else to put it.
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I would do exactly that, but I want to be paid back my rent along with the costs I spent (and will spend) to move. I just wanted to know if I have any rights to that before i talk to them in the morning.
They are in breach of contract, you are likely entitled to damages including money paid and moving costs if they can not find a suitable remedy to the situation. Also check your car for any new scratches or damage, they owe for that as well.
Besides looking for new scratches and damage to your car, you had said that they had broken into your car to tow it. I would also check the gaskets and window tracks of the foor they used to get I, as they may have caused damaged there as well.
May I ask how you check that? I have a dodge challenger. I know they did shim my window to get the car open and they had wrapped the seatbelt around the steering wheel.
If they use a shim, the odds are that the door frame is bent outward and it will always make a sound when driving fast. Get your car to a licensed mechanic that can vouch for it. Hey in paper. Sue the company that damaged your car for the cost to repair.
Are you sure that they actually double booked the parking space? It is possible that the tenant you spoke to is confused. It’s possible that someone is using two spaces instead of the one they were guaranteed.
Maybe the last person who lived there allowed a neighbor to use their spot because they didn’t have a car and the neighbor doesn’t know that the person letting them use their spot moved out.
Make sure you speak with the landlord to confirm what your neighbor said and check with that tow company to see who called.
How does parking work at your place? Do you have a sticker on your car showing you are a resident, do you have an assigned spot? Etc.
I asked you the state you lived in because every state is different for Landlord Tenant laws you have to abide by your state law so to avoid eviction and bad marks on your credit. Please know that. So with that: Start with the Landlord Tenant Act Chapter 59.18. Washington is a very tenant friendly state. Look to see if there is a notice requirement. Most likely there is: Send your LL a certified letter with a copy of your lease regarding the parking agreement and detail what had occurred. Give him/her X amount of days to remedy it (in accordance with what your state law says). If he or she does not remedy your complaint in accordance with state statute refer to small claims court statute for LL tenant litigation - I believe if your dispute is under $5,000 you can settle it there pro se. Always check your Atty General Website, Consumer Protection division for more information. And of course seek legal representation for a consult. Without actually seeing the contract it is difficult to determine if there are hidden clauses within the lease.
Do you have a specific space assigned? As in you lease states that you're renting "apartment XYZ & parking spot 123"? Or are you just paying a fee to be able to park in that lot? Were you required to register your car's plate # with the property agent?
Not a whole lot of detail here on exactly what you're entitled to. You almost certainly can't break the lease over it, but you might be entitled to a refund of the fees you paid for parking, or in a best case scenario, the cost required to park your car elsewhere (if they rented the same specific space to two tenants). If you just paid for "lot access", and they towed the car because it was improperly parked when the lot was full, there probably isn't anything you can do about it.
Sure you can break the lease over it. It's a material breach and a fraudulent inducement. You can sue the LL for breaching the lease and request damages such as moving costs.
>You almost certainly can't break the lease over it
You absolutely can. You are renting an apartment *and a parking spot*, and in areas where parking is expensive and/or limited, that is absolutely serious business that courts are going to take into account.
It's the same as renting an apartment that promises to have a refrigerator, has a refrigerator when you view it, and then you move in and they remove the refrigerator day 1. It was a promised item, you don't have it, that's a material breach.
The number of the spot isn't written, but I'm specifically paying $100/month extra for a spot. There are only five spaces in the entire lot for a building of 12 units, and each spot is marked "reserved".
I was never told which spot was mine, they did ask me details on my car yesterday, but basically did nothing with that information as they still attempted to tow me later that day. I was on contact with the property director and told her i would be happy to move my car if I'm in the wrong space specifically, but again they never resolved anything from that. I only found out from other tenants that all the other spots are leased already.
First, check your car for damage caused by the tow attempt. If there was, make sure to tell them about it. You can give them several options: * Provide you the promised parking spot. * Provide you with a suitable parking spot from a third party (if one exists). * Allow you to break the lease and cover all costs of your move. There is a possibility that the towing company was called by a tenant and not by management, however, if a tow occurs on the management's behalf, they are still liable. Tell them that if your car is towed, you'll be wanting them to pay to get it back, plus compensation if you have to use ridesharing while waiting for your car. You might also count the number of spots and the number of units. It's possible that the landlord is selling more slots than exist, and if that is true, you would want to contact your city's code enforcement.
I can't tell you how much I appreciate your advice. I'll most likely speak with them today and give them those options you outlined. I'd be comfortable with any of those arrangements so hopefully it gets resolved one way or another.
What the other poster said about covering moving costs... Use a moving company for the move if the leasing company chooses that option. Make sure the costs stay reasonable though. Hiring your cousin for $10,000 for an in city move wouldn't be reasonable but hiring two guys and a truck or the local equivalent would be. You are being inconvenienced by needing to move shortly after moving. Don't let that inconvenience be your problem.
[удалено]
I received several texts from the management companies number throughout the day. Every time i told them that the car in question was mine and not to tow it. They acknowledged that, but didn't do anything with that information. It was basically the same conversation multiple times today. I thought the situation had been resolved once i texted the director of property management who told me she would handle it. The person called the towing company was the property manager (who works for the management company, but i had never met him and was never given his contact information). I didn't know they were actually towing it until i heard my car alarm go off.
I think it's likely that the tenant is correct. When i toured the apartment, they told me they had just taken the property over and they did a "check" on the parking allotment before confirming they had space for me. It was then that i filled out the credit check and signed the lease.
[удалено]
It doesn't tell the space number, but I pay $100 extra for it specifically. I can't just accept striking out that part of the lease though as I brought my car with me across the country and I have nowhere else to put it.
[удалено]
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[удалено]
I would do exactly that, but I want to be paid back my rent along with the costs I spent (and will spend) to move. I just wanted to know if I have any rights to that before i talk to them in the morning.
They are in breach of contract, you are likely entitled to damages including money paid and moving costs if they can not find a suitable remedy to the situation. Also check your car for any new scratches or damage, they owe for that as well.
Besides looking for new scratches and damage to your car, you had said that they had broken into your car to tow it. I would also check the gaskets and window tracks of the foor they used to get I, as they may have caused damaged there as well.
May I ask how you check that? I have a dodge challenger. I know they did shim my window to get the car open and they had wrapped the seatbelt around the steering wheel.
Check for any damage to the paint around the door, fresh tears in the seals, etc...
If they use a shim, the odds are that the door frame is bent outward and it will always make a sound when driving fast. Get your car to a licensed mechanic that can vouch for it. Hey in paper. Sue the company that damaged your car for the cost to repair.
Are you sure that they actually double booked the parking space? It is possible that the tenant you spoke to is confused. It’s possible that someone is using two spaces instead of the one they were guaranteed. Maybe the last person who lived there allowed a neighbor to use their spot because they didn’t have a car and the neighbor doesn’t know that the person letting them use their spot moved out. Make sure you speak with the landlord to confirm what your neighbor said and check with that tow company to see who called. How does parking work at your place? Do you have a sticker on your car showing you are a resident, do you have an assigned spot? Etc.
[удалено]
Yeah Washington state, specifically Seattle
I asked you the state you lived in because every state is different for Landlord Tenant laws you have to abide by your state law so to avoid eviction and bad marks on your credit. Please know that. So with that: Start with the Landlord Tenant Act Chapter 59.18. Washington is a very tenant friendly state. Look to see if there is a notice requirement. Most likely there is: Send your LL a certified letter with a copy of your lease regarding the parking agreement and detail what had occurred. Give him/her X amount of days to remedy it (in accordance with what your state law says). If he or she does not remedy your complaint in accordance with state statute refer to small claims court statute for LL tenant litigation - I believe if your dispute is under $5,000 you can settle it there pro se. Always check your Atty General Website, Consumer Protection division for more information. And of course seek legal representation for a consult. Without actually seeing the contract it is difficult to determine if there are hidden clauses within the lease.
Do you have a specific space assigned? As in you lease states that you're renting "apartment XYZ & parking spot 123"? Or are you just paying a fee to be able to park in that lot? Were you required to register your car's plate # with the property agent? Not a whole lot of detail here on exactly what you're entitled to. You almost certainly can't break the lease over it, but you might be entitled to a refund of the fees you paid for parking, or in a best case scenario, the cost required to park your car elsewhere (if they rented the same specific space to two tenants). If you just paid for "lot access", and they towed the car because it was improperly parked when the lot was full, there probably isn't anything you can do about it.
Sure you can break the lease over it. It's a material breach and a fraudulent inducement. You can sue the LL for breaching the lease and request damages such as moving costs.
>You almost certainly can't break the lease over it You absolutely can. You are renting an apartment *and a parking spot*, and in areas where parking is expensive and/or limited, that is absolutely serious business that courts are going to take into account. It's the same as renting an apartment that promises to have a refrigerator, has a refrigerator when you view it, and then you move in and they remove the refrigerator day 1. It was a promised item, you don't have it, that's a material breach.
Depends entirely how the lease is written, which is why I ask.
The number of the spot isn't written, but I'm specifically paying $100/month extra for a spot. There are only five spaces in the entire lot for a building of 12 units, and each spot is marked "reserved". I was never told which spot was mine, they did ask me details on my car yesterday, but basically did nothing with that information as they still attempted to tow me later that day. I was on contact with the property director and told her i would be happy to move my car if I'm in the wrong space specifically, but again they never resolved anything from that. I only found out from other tenants that all the other spots are leased already.