The case of the blocked garage. What will be my options if no compliance?

[drearyone]

What is the name of your state (only U.S. law)? CA

This is a problem that has not yet developed, but I would like to know my options when it does.

A downstairs apartment has been mysteriously empty for the last four months. The "for rent' sign disappeared six weeks ago.

The owners have hired their handyman to ostensibly repair and renovate it for occupancy. He is a friend of the owner, and takes care of all our repairs.

I am not sure what he has actually accomplished in all this time, since the apartment is still a mess with no carpeting and his tools are all over the place. It is nowhere near completion.

What I do know, however, is that many nights the handyman actually spends the night in the torn up apartment, and parks in front of my garage. He has been there a couple times when I need to leave for work.
The landlord has put up signs to disallow parking in front of garages,( fire lane), but it is not enforced by the police.

The reason this is not yet an issue is because I have a large vehicle that does not fit in the garage with another vehicle present.
Therefore, the city gives me permission to park in the street

Soon , however, I will sell this gas guzzler, and replace it with a smaller vehicle that will fit in my garage.
I am afraid that since I will then be able to use my garage, the city will not renew my overnight parking permit.

At this time , I will call the owner to insist she no longer permits her handyman to block my garage.

If, however, she does not listen to me, which I anticipate is a strong possiblity, or, if the handyman does not listen, I could lose a day's wages if I cannot get to work with him blocking me. I only get paid the days I work.

The owner has a poor rating from the RPA, and only takes care of emergencies, hence non-compliance and apathy are possible.

If he prevents me from getting to work, can I legally deduct my lost wages from my rent?

I could have him ticketed or towed, but this would leave him little motivation to handle my future repairs.

Responses would be appreciated. I would like to know my options before it is a problem since he will not be finishing this apartment anytime soon.

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

This is a problem that has not yet developed, but I would like to know my options when it does.

A downstairs apartment has been mysteriously empty for the last four months. The "for rent' sign disappeared six weeks ago.

The owners have hired their handyman to ostensibly repair and renovate it for occupancy. He is a friend of the owner, and takes care of all our repairs.

I am not sure what he has actually accomplished in all this time, since the apartment is still a mess with no carpeting and his tools are all over the place. It is nowhere near completion.

What I do know, however, is that many nights the handyman actually spends the night in the torn up apartment, and parks in front of my garage. He has been there a couple times when I need to leave for work.
The landlord has put up signs to disallow parking in front of garages,( fire lane), but it is not enforced by the police.

The reason this is not yet an issue is because I have a large vehicle that does not fit in the garage with another vehicle present.
Therefore, the city gives me permission to park in the street

Soon , however, I will sell this gas guzzler, and replace it with a smaller vehicle that will fit in my garage.
I am afraid that since I will then be able to use my garage, the city will not renew my overnight parking permit.

At this time , I will call the owner to insist she no longer permits her handyman to block my garage.

If, however, she does not listen to me, which I anticipate is a strong possiblity, or, if the handyman does not listen, I could lose a day's wages if I cannot get to work with him blocking me. I only get paid the days I work.

The owner has a poor rating from the RPA, and only takes care of emergencies, hence non-compliance and apathy are possible.

If he prevents me from getting to work, can I legally deduct my lost wages from my rent?

I could have him ticketed or towed, but this would leave him little motivation to handle my future repairs.

Responses would be appreciated. I would like to know my options before it is a problem since he will not be finishing this apartment anytime soon.

I can see that LL might TELL the handyman to move their vehicle or park it elsewhere, but ultimately the choice is up to the handyman. Just because they would be an employee of the LL doesn't necessarily make them liable if the handyman breaks the law and parks in front of your garage.

As I see it, the issue would potentially be between YOU and the handyman.

Towing can always be an option, especially if the front of the garage would be considered a fire lane. You would just need to make an anonymous call to police to report the illegally parked vehicle, and let them take care of the towing if it comes down to it.

I would suggest getting to know the person and working this out with him directly. Let him know that just because the police have been lenient so far, doesn't mean they can't or won't enforce the fire lane parking issue in the future. Remind him of the potential for getting the vehicle towed, and suggest that he find somewhere else to park. It probably couldn't hurt to mention that you will be needing access in and out of the garage yourself shortly.

As for charging the LL for lost wages because you couldn't get your vehicle out of the garage? Fat chance. You are required to mitigate your damages. Even now as you think about the possibility, I'm sure you can figure out an alternative for getting to work if the garage were blocked. Since it hasn't happened yet, now would be the PERFECT opportunity to make such arrangements. The LL is unlikely to go for reimbursing you for a day's wages, especially because they can't be held liable for where that handyman parks. And you would be less likely to get the handyman to pay for it either, because you had ample opportunity to find alternate transportation to work in advance knowing this was a possibility.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? CA

If he prevents me from getting to work, can I legally deduct my lost wages from my rent?

no.

is there some reason you cant knock on the door and ask the handyman to move his car so you can get out?

I could have him ticketed or towed, but this would leave him little motivation to handle my future repairs.

you could also ask him to move if he is blocking you.

 

[You Are Guilty]

The legal remedies have certainly been addressed above. But it does remind me of an urban legend I heard long ago where a resident of a house, tired of people constantly parking in their driveway for no reason, found that a car jack and rolling dolly made it easy to "relocate" the offending vehicle to all sorts of interesting locations. Oddly enough, after about a week or so, people stopped blocking the driveway.

(Not that I'd recommend such a thing, mind you. It tends to really piss off the owner, which can result in all sorts of bad things happening to you. Just sharing an amusing anecdote.)

 

[LillianX]

Echoing Banned_Princess... why can't you just ASK the guy to move his car?

 

[Banned_Princess]

The legal remedies have certainly been addressed above. But it does remind me of an urban legend I heard long ago where a resident of a house, tired of people constantly parking in their driveway for no reason, found that a car jack and rolling dolly made it easy to "relocate" the offending vehicle to all sorts of interesting locations. Oddly enough, after about a week or so, people stopped blocking the driveway.

(Not that I'd recommend such a thing, mind you. It tends to really piss off the owner, which can result in all sorts of bad things happening to you. Just sharing an amusing anecdote.)

is that really possible?



omg, it is possible. thats funny.

 

[tranquility]

I'd say something like:
"Please don't park in the driveway at night. I can't get out when you're there in the morning and I could lose a day of work because I have to stay home."

Then, I extend my hand (which just happens to have an extra beer in it) to the handyman and we share the beer.

Problem solved and I have a new friend.

If the handyman slaps the beer away and tells me to pound sand, I reply:
"Well, I can certainly see your point. It's a pity I will have to spend a whole day missing work. but, at least I can make it worthwhile by thinking about this problem and how to deal with it through that whole day. I'll be sure to let you know what I come up with. If I had to guess now, my plan would probably involve your truck in some way. Maybe have it towed for illegal parking. We'll see." Then I turn and go back to my apartment.

If handyman says anything else, I reply:
"That is a VERY nice truck you have there. Very nice."

 

[davew128]

The legal remedies have certainly been addressed above. But it does remind me of an urban legend I heard long ago where a resident of a house, tired of people constantly parking in their driveway for no reason, found that a car jack and rolling dolly made it easy to "relocate" the offending vehicle to all sorts of interesting locations. Oddly enough, after about a week or so, people stopped blocking the driveway.

Didn't that used to happen to Charlie Sheen's cars?

 

[drearyone]

I can see that LL might TELL the handyman to move their vehicle or park it elsewhere, but ultimately the choice is up to the handyman. Just because they would be an employee of the LL doesn't necessarily make them liable if the handyman breaks the law and parks in front of your garage.

As I see it, the issue would potentially be between YOU and the handyman.

Towing can always be an option, especially if the front of the garage would be considered a fire lane. You would just need to make an anonymous call to police to report the illegally parked vehicle, and let them take care of the towing if it comes down to it.

I would suggest getting to know the person and working this out with him directly. Let him know that just because the police have been lenient so far, doesn't mean they can't or won't enforce the fire lane parking issue in the future. Remind him of the potential for getting the vehicle towed, and suggest that he find somewhere else to park. It probably couldn't hurt to mention that you will be needing access in and out of the garage yourself shortly.

As for charging the LL for lost wages because you couldn't get your vehicle out of the garage? Fat chance. You are required to mitigate your damages. Even now as you think about the possibility, I'm sure you can figure out an alternative for getting to work if the garage were blocked. Since it hasn't happened yet, now would be the PERFECT opportunity to make such arrangements. The LL is unlikely to go for reimbursing you for a day's wages, especially because they can't be held liable for where that handyman parks. And you would be less likely to get the handyman to pay for it either, because you had ample opportunity to find alternate transportation to work in advance knowing this was a possibility.

My neighbor who does park in the garage has knocked on his door a couple times to get him to move, although she did not have wages at stake.
It took him quite awile because he had to drag himself out of bed (10-15 minutes. )
Having a conversation with him about this could be problematic due to a language barrier.
However, I would probably do the following:

Find someone who can translate a letter from me into Spanish and put it on his windshield a few days before I change vehicles, requesting him to obtain a parking permit to park in the street.
The same day, I will call the owner and insist that I cannot afford to have him blocking my garage.
Then , if there is no compliance, I will repeat the above solutions, only this time I will threaten to contact the police about it since it is illegal.

Once his car is towed or ticketed, that would likely solve the problem, but then I create another problem with him doing repairs at my place.

Nevertheless, I gotta do what I gotta do.

It does seem ,however, that since he is there to service the owner, the owner would be liable if she permits him to park on her property illegally.

Can I sue the handyman for lost wages if he is late moving his truck?

I have the kind of job where I am replaced for the day if I am late more than 15 minutes or so.

Regardless, I shouldn't have to rap on his window every morning, and merely hope he gets up in time so I can get to work.

 

[Banned_Princess]

My neighbor who does park in the garage has knocked on his door a couple times to get him to move, although she did not have wages at stake.
It took him quite awile because he had to drag himself out of bed (10-15 minutes. )
Having a conversation with him about this could be problematic due to a language barrier.
However, I would probably do the following:

Find someone who can translate a letter from me into Spanish and put it on his windshield a few days before I change vehicles, requesting him to obtain a parking permit to park in the street.
The same day, I will call the owner and insist that I cannot afford to have him blocking my garage.
Then , if there is no compliance, I will repeat the above solutions, only this time I will threaten to contact the police about it since it is illegal.

Once his car is towed or ticketed, that would likely solve the problem, but then I create another problem with him doing repairs at my place.

Nevertheless, I gotta do what I gotta do.

It does seem ,however, that since he is there to service the owner, the owner would be liable if she permits him to park on her property illegally.

Can I sue the handyman for lost wages if he is late moving his truck?

I have the kind of job where I am replaced for the day if I am late more than 15 minutes or so.

Regardless, I shouldn't have to rap on his window every morning, and merely hope he gets up in time so I can get to work.

no, I thought we made it clear you cant sue anyone for loss wages.

even people who speak spanish will understand "move your ___ing car, or I will have it towed."

that is the extent of your recourse. (towing it.)

 

[sandyclaus]

My neighbor who does park in the garage has knocked on his door a couple times to get him to move, although she did not have wages at stake.
It took him quite awile because he had to drag himself out of bed (10-15 minutes. )
Having a conversation with him about this could be problematic due to a language barrier.
However, I would probably do the following:

Find someone who can translate a letter from me into Spanish and put it on his windshield a few days before I change vehicles, requesting him to obtain a parking permit to park in the street.
The same day, I will call the owner and insist that I cannot afford to have him blocking my garage.
Then , if there is no compliance, I will repeat the above solutions, only this time I will threaten to contact the police about it since it is illegal.

Once his car is towed or ticketed, that would likely solve the problem, but then I create another problem with him doing repairs at my place.

Nevertheless, I gotta do what I gotta do.

It does seem ,however, that since he is there to service the owner, the owner would be liable if she permits him to park on her property illegally.

Can I sue the handyman for lost wages if he is late moving his truck?

I have the kind of job where I am replaced for the day if I am late more than 15 minutes or so.

Regardless, I shouldn't have to rap on his window every morning, and merely hope he gets up in time so I can get to work.

So, if you anticipate that you may have an time issue with getting the handyman to move his vehicle, you know NOW to make sufficient time ahead to plan for that potential delay.

As stated before, you STILL cannot hold the LL liable for your failure to mitigate your damages. I'm sure that the LL will agree that she has no control over where the handyman chooses to park. The longer YOU allowed it without addressing the issue directly with the handyman, the more it may appear that you condoned the behavior and contributed to the problem (i.e., let someone do something long enough that's a problem and they think it's OK to do it because there is no penalty).

If you don't want to rap on the window every morning, give the handyman fair warning that you can no longer tolerate it, especially because you will need access to the garage. Make sure that he is aware NOW that doing it later will result in you having the vehicle towed by police for illegally parking in a Fire Lane.

 

[asiny]

The legal remedies have certainly been addressed above. But it does remind me of an urban legend I heard long ago where a resident of a house, tired of people constantly parking in their driveway for no reason, found that a car jack and rolling dolly made it easy to "relocate" the offending vehicle to all sorts of interesting locations. Oddly enough, after about a week or so, people stopped blocking the driveway.

(Not that I'd recommend such a thing, mind you. It tends to really piss off the owner, which can result in all sorts of bad things happening to you. Just sharing an amusing anecdote.)

Not using a jack and dolly, but after leaving a club a couple of friends and I were unable to leave because a car had illegally parked across our path... so we just lifted at the rear-wheel well and turned the vehicle 90°.

Once we left we started cracking up imagining the potential thoughts that would go through the owners head when they come out to find their car parked at a different position than when they left it.

 

[tranquility]

My goodness. All this planning of how to hurt another when all that is probably needed is a nice talk. (Thanks for making me, through my taxes, handle what should be a fairly simple issue with another.)

Everyone understands beer. Beer and handsignals could be a fun evening.

Or, towing, lawsuits, recrimination and always having to look over your shoulder.

As Klaatu said, "The decision rests with you."

 

[You Are Guilty]

If everybody did things the "easy way", this country would not be overrun with lawyers. Some people just don't get it (at least not until their car ends up sideways between two trees).

 

[justalayman]

My goodness. All this planning of how to hurt another when all that is probably needed is a nice talk. (Thanks for making me, through my taxes, handle what should be a fairly simple issue with another.)

Everyone understands beer. Beer and handsignals could be a fun evening.

Or, towing, lawsuits, recrimination and always having to look over your shoulder.

As Klaatu said, "The decision rests with you."

he also said:

"Klaatu barada nikto!"

and speaking of hand signals: maybe you should suggest a specific hand signal lest people like me think of hand signals that would surely not be the preface of a fun evening.

One warning on the dollies:

if this is a hilly area, you might want to reconsider it. I have this hilarious thought of somebody in San Francisco trying this, losing control of the car and then spending 10 minutes watching the car roll down the hills, crashing into anything in its path