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Can detached garage rent fee within rent control apartment complex increase 200% a year?

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njchenlouer

New member
Greetings:

On behalf of many other tenants at Hutton Lafayette apartment complex in West Orange, NJ 07052, we are experiencing an unconscionable increase in garage renting fees in our 2019 lease contract even though we have lived here for at least 22 years. Due to a shortage in parking spots as the landlord allows 2 parking spots (first come, first serve) for one bedroom apartments and 3 for two bedrooms and abusive tenants whom regularly park two or three cars even though there is only one or two drivers per household. Some of us have had no choice but to rent a detached garage within the apartment complex unit, to guarantee a parking spot. Depending on renters seniority and those grand fathered in, we are all paying from $25 to $70 a month over the past several decades. The garage rent has been gradually increased by a dollar, after the new acquisition in 2016 and many vacant apartments have been renovated since. For unknown reasons and out of the blue, the rent now cost $125 a month for an ill maintained garage which is flooded whenever it rains. Some tenants even suffer from their cars being totaled, due to the collapsed roof when branches fell from a tropical storm about a year or two ago. I presume the landlord try to compensate for these recent renovation expenses by increasing fees wherever they can. What I am afraid of is if tenants succumb and agree to this increase, what will prevent the landlord from increasing the garage fee by more 200% every year? I have been searching the internet and read publications such as LSNJLAW, West Orange Rent Control Ordinance Chapter XV and am unable to find anything related to this subject. I would really appreciate if you can offer advice and guidance of how to approach this exorbitant increase.

Your time and help is greatly appreciated.
 


xylene

Senior Member
Quite honestly 125 for a detached car garage, particularly one with room for 2 cars, is quite reasonable and arguably cheap.
 

FarmerJ

Senior Member
As you may well have figured out , that low garage rental rate is likely not enough to pay for repairs easily. In states like yours where landlord tenant laws favor tenants those laws are going to be about the housing, garage rental is whole other thing there and if you only have one car and have a neighbor you get along well with and your garage holds two cars you might consider sharing a garage with another you get along with or just live with the cost . Lastly Its not likely you will find much out there that regulates garage rental simply because its not housing.
 

adjusterjack

Senior Member
I have been searching the internet and read publications such as LSNJLAW, West Orange Rent Control Ordinance Chapter XV and am unable to find anything related to this subject.
How about this:

15-2.4 Rental of Parking Space.
All charges to a tenant for rental of a parking space, where not separately stated, shall be added to the rent and be considered a part of the total rent. There shall be no independent increases in rent on parking spaces.
Does a parking "space" equate to a parking "garage"?

I don't know. I'm asking.

Perhaps you should pose the question to the Rent Leveling Board.
 

xylene

Senior Member
Perhaps you should pose the question to the Rent Leveling Board.
However the OP has already made clear the garage rent is 'separately stated' so I would not bank on him getting a good answer, but going right to the horse's mouth is certainly wise.
 
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PayrollHRGuy

Senior Member
Wouldn't the fact that the garage is an optional additional fee rise to the level of "separately stated" as referenced in the 15-2.4?
 

njchenlouer

New member
Thank you all for your feedback and comments.

Here are pictures one of the detached unit with eight individual garages but without privacy. There is a support and separation wall for every 4 units. So any tenant can access from his garage and walk thru the other three. There are 7 units like this behind each apartment complex. Each one has from eight to as much as 22 garages. Additionally, 2 bedroom apart has its own private garage adjacent to a basement.

Based on below contract excerpt, it is considered as "separately stated", correct?

<< Your present rent is $XXXX.00 plus a 3% increase of $XX.00 plus a tax surcharge of $0 plus other additional billing outlined below of $125.00 = total of $XXXX.00.
As of 09/01/2019 your monthly rent charges are as follows:
Rent: $XXXX.00
Garage parking charges: $125.00
Total: XXXX.00 >>
 

FarmerJ

Senior Member
SO you have shown us how your LL has separated garage rent from living space. Your in a situation that is outside of your control to do more than live with garage rental cost or stop renting a garage or lastly find a new place to live where garage rental is not separate from the living unit and included as one whole package.
 

njchenlouer

New member
Agree! It is what it is and will have to deal with it in another 10 years, gods willing.

Thank you all! At least your comments save me time and money prior to pay for an online lawyer advice.
 
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