Is it legal for an apartment manager to charge for parking?
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Is it legal for an apartment manager to charge for parking?
Our Apartment manager gave everyone a 30 day notice to pay $30 a month for parking, or surrender your parking stall. Is that legal? We have been living here over 12 years.
Asked on September 30, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a lease for a fixed or definite time (such as the traditional one-year lease), then the manager may not add any charges during the term of the lease, unless the lease itself specifically reserves the right for new charges to be imposed or rules made. That's because a lease is a contract, and as with any other contract, neither party to it may unilaterally change its provisions or increase what the other party has to pay. With a written lease for a fixed or definite term, a new charge may only be added when the current lease expires, in the new or renewal lease.
However, if the lease is a written month to month lease or an oral lease (which is always month to month), the manager may give you 30 days notice changing the lease and adding a charge.
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