The Phoenix Metropolitan area has seen a lot of change recently, particularly in its urban real estate market. With more people and businesses renting, occupancy rates are climbing. For residential and commercial tenants, having adequate parking is a critical part of being able to use a leased property. Consequently, when an owner takes away some of this space, it can have an immediate and negative impact on a tenant. If you are faced with this issue, you may ask: If my landlord reduced my parking, what are my remedies?
Start with Your Lease
The first place to begin is the written document that establishes the terms by which you and your landlord agreed to operate—the lease. Ideally, before entering into your contract, you will have met with an experienced Arizona real estate attorney. If you took this step, your residential or commercial lease could already have a section that discusses communal or private parking areas. However, if you did not have the benefit of counsel’s advice before signing, it would be best to take the document to an Arizona real estate attorney as soon as possible. Together, you and your attorney can examine the lease provisions and determine your next steps.
Addressing the Parking Problem
Once you know your rights under the lease, you can consider the landlord’s actions. If you have a term that guarantees you a certain amount of spaces and they have now been allocated to another tenant, you may have cause to take action. Commercial leases usually have parking terms as it can be detrimental to a business when customers cannot easily park. If you believe your landlord has violated your lease by taking some of your parking, you will need to ask them to remedy the situation. If a polite request doesn’t work, you and your attorney may need to take more formal steps to enforce the lease term.
When Other People and Tenants are to Blame
Some parking problems will not have anything to do with the landlord but may be due to external factors. For instance, patrons of neighboring businesses may start parking in your spots because they don’t want to pay for a garage or valet. Additionally, a high-volume tenant could move into the same commercial property space, and its customers could end up using your parking area. If these situations arise, you should discuss the problems with your landlord and ask that parking areas be marked as designated for your business and that towing be enforced. Another option would be to renegotiate the lease term and ask for a reduction in your payment amount. You could also request that the same remedy be put in place if your landlord has to close your parking lot area temporarily for maintenance.
Taking Action if Your Landlord Won’t
Unfortunately, some landlords won’t work with their tenants on parking and other issues even when they should. Depending on your situation, you may have grounds to terminate your lease and request damages. If you are having problems with your landlord and parking reduction, it would be best to consult with an experienced Arizona real estate attorney who can help you assess your circumstances and determine what remedies are available.
Laura B. Bramnick is an experienced Arizona real estate attorney who can help you during your Arizona real estate matter. If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Glendale, Phoenix, Sedona, and throughout the State of Arizona, contact Laura B. Bramnick to schedule your consultation.