Home Legal Chats Real Estate Landlord saying parking spots not included for customers. Lease says it is. Can you help?

Landlord saying parking spots not included for customers. Lease says it is. Can you help?

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Dolan W.
Attorney
5.0 (578)
10 Yrs Experience
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Customer:
Asked on Nov 21, 2024

Landlord saying parking spots not included for customers. Lease says it is. Can you help?

The background is I’m leasing a business space and part of why I leased this location was for the parking lot. The landlord is now telling me parking is not included for customers and when I check the lease it mentions designated parking spots. What can I do here?

Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

Hello *****, and thank you for your question! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer. Disputes over parking are unfortunately common, but if your lease explicitly includes parking for your customers, you have a strong basis to assert your rights. Here’s what I suggest: 1. Review the Lease Language: Look for the specific clause that mentions parking. Does it state the number of spaces, their location, or any restrictions?
2. Communicate with the Landlord: Politely remind them of the lease terms and provide a copy of the relevant section for reference.
3. Next Steps if Disputed: If the landlord still denies your right to the parking, you may need to escalate the matter by sending a formal demand letter. Could you provide the exact language from the lease regarding parking? This will help me give you a more specific recommendation.

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Customer:
Asked on Nov 21, 2024

Thanks for getting back to me. Here’s what it says: "Tenant is granted use of four (4) parking spaces directly adjacent to the leased premises for use by customers during business hours."

But the landlord is saying those spots are reserved for other tenants.

and I picked this space because of the parking!

Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

Thank you for sharing the lease language—it’s very clear. Based on what you’ve provided, you’re entitled to those four parking spaces during business hours. If the landlord is trying to reassign them to other tenants, they’re likely in breach of the lease. Here’s what I recommend: 1. Document Everything: Keep records of all communications with the landlord, including emails or texts where they deny your parking rights. This will be important if the issue escalates.
2. Send a Written Reminder: Politely remind the landlord of the lease terms and your rights. Here’s an example of what you might say:
"Per Section [X] of our lease agreement, I am granted the use of four parking spaces adjacent to the premises during business hours. These spaces are essential for my business, and I selected this location based on that agreement. Please confirm that these spaces will remain available for my customers as outlined in the lease."
3. Formal Demand Letter: If the landlord doesn’t respond or continues to deny access, I can help draft a formal demand letter to assert your rights and request immediate compliance. Would you like me to prepare a draft for the written reminder or the demand letter?

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Customer:
Asked on Nov 21, 2024

Yeah, I think a reminder email might be enough for now.

don’t wanna go full legal just yet.

Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

That’s a smart approach—it’s always best to start with a friendly reminder before escalating.
I’ll draft a professional and firm reminder email that outlines your rights while keeping the tone cooperative. I’ll have it ready for you shortly. By the way, has the landlord provided any written justification for their position, or is this all verbal?

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Customer:
Asked on Nov 21, 2024

It’s all verbal so far.

They just keep saying “those spots are for the other tenants” and won’t listen when I mention the lease.

Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

Got it. Since their stance is verbal, your reminder email will serve two purposes: 1. Reiterate the Lease Terms: It will clearly outline your parking rights.
2. Document the Issue: Sending this email creates a written record, which could be helpful if the situation escalates. I’ll draft the reminder email and send it to you shortly for review. If the landlord continues to push back, we’ll explore next steps like a demand letter or even small claims court if necessary.

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Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

Hi again! I’ve drafted the reminder email for you. Here’s a preview: Subject: Parking Space Rights per Lease Agreement Dear [Landlord’s Name],
I hope this message finds you well. I’m reaching out to address a concern regarding parking at [property address].
Per Section [X] of our lease agreement, I am granted the use of four (4) parking spaces directly adjacent to the leased premises for my customers during business hours. These spaces are an essential part of my business operations and were a key factor in selecting this location.
I’ve noticed recent verbal communications suggesting these spaces are no longer available for my use. I’d like to clarify that the lease explicitly grants me these spaces, and I kindly request confirmation that they will remain accessible for my customers as agreed.
I value our landlord-tenant relationship and hope we can resolve this matter quickly. Please let me know if you’d like me to provide a copy of the relevant lease section for your reference.
Thank you for your attention to this matter.
Best regards,
[Your Name]
Please review this and let me know if you’d like to make any adjustments.

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Customer:
Asked on Nov 21, 2024

Looks fine to me.

Should I copy anyone else on it?

Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

Good question. If your lease is managed by a property management company or there’s someone else involved in the administration of the property, it’s a good idea to CC them. Otherwise, sending it directly to the landlord is fine. Let me know if you need help sending it or tracking their response.

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Customer:
Asked on Nov 21, 2024

I’ll just send it to the landlord for now.

what happens if they ignore it?

Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

If the landlord ignores your email or refuses to comply, your next steps would be: 1. Follow Up: Send a polite follow-up email after 3–5 business days.
2. Formal Demand Letter: If there’s still no response, we can escalate with a formal demand letter citing your lease rights and potential legal remedies.
3. Legal Action: As a last resort, you can take legal action, such as filing a claim for breach of contract or seeking injunctive relief to enforce your lease terms. Hopefully, the reminder email will be enough to resolve the issue. Let me know if you’d like me to draft a follow-up message if needed.

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Customer:
Asked on Nov 21, 2024

Alright, I’ll wait to see what they say.

Thanks for the help.

Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

You’re very welcome! I’m glad I could assist. If you’re happy with the advice, I’d really appreciate it if you could leave me a quick review. Your feedback helps me continue helping others with their legal questions. Let me know if anything else comes up—I’m here to help.

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Customer:
Asked on Nov 21, 2024

Will do.

Take care.

Lawyer Dolan W.
5.0 (578)
Lawyer:
Answered on Nov 21, 2024

Take care, and best of luck with your business!

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Dolan W.
Attorney
5.0 (578)
10 Yrs Experience
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Dolan W. on ContractsCounsel
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Dolan W.

Attorney
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San Diego, California
10 Yrs Experience
Licensed in CA
Purdue Law School

You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible

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