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NY Garage Rental Tenant Rights

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Kissyrface

New member
What is the name of your state?NY
I have been renting a space in a parking garage in the apartment building across the street for a couple of years. I paid 1-month rent plus one-month security when I started renting the space. . In January one night when I parked my car there were a few handwritten signs stating that the rent was going up $95 per month. There was no written notice, no warning, nothing - just some handwritten signs posted. Here is some info on the situation--Brooklyn. NY--Everyone in the garage are on a month to month basis because I don't think the landlord of the garage has a license to run this business. A license is not posted anywhere as required by NYC. There is no maintenance in the garage at all as there is garbage that is never collected. There is a padlock on the garage door and tenants have the key. There are 18 spaces in this garage. I live in the apt building across the street. I pay my bill every month on time automatically. I am out of town for a couple of weeks. I just got a call from my super who tells me that there is another handwritten sign up that says there are new owners and everyone must vacate the lot. Tam told the sign was put up on Monday and the vacate date is tomorrow Friday. Again never received anything in the mail to notify me. I paid the rent just last week. I am out of town so I have not seen the sign and cannot get the car even if I wanted to move it. I would not have even know about the sign if my super (who also has a car parked there) did not call me. I He also tell me everyone who parks there does not know what to do. I tried to phone the landlord but no answer. Do I have any rights at all? Can he have my car towed while I am away?? Any advice to help would be so appreciated.
 


xylene

Senior Member
Can he have my car towed while I am away?
The answer to that is definitely yes. Is that legal or right (the amount of notice and the existing month to month rental) no - but impound fees a problem.

Do you have vehicle keys in your apartment? Do you have any friends who you could have let in and could move the car to another lot? Could you ask your Super to do this and offer to pay?
 

adjusterjack

Senior Member
Can he have my car towed while I am away??
Agree. The answer is yes, and you get to pay the towing and storage fees to get your car back.

Then you will have the opportunity to examine your legal rights. Discussing them now probably wouldn't stop what's going to happen, if it happens.

Keep calling the owner, call the Super back and see if he can help.

Maybe you just have to cut your trip short and get back home ASAP. That's up to you.
 

xylene

Senior Member
Given the potential costs involved, if you have no key there, paying to get the car towed yourself under terms and charges you control might be an option worth considering.

It is quite possible that moving the car nearby might be impossible or astronomically expensive, so it might be a hard favor to ask.
 

Zigner

Senior Member, Non-Attorney
How can he tow my call when I have already paid for the month and He would also owe me the security deposit.
The same way as if you had not paid. He just does it. Right (legal) or not, you'll still be left to deal with the mess.
 

not2cleverRed

Obvious Observer
How can he tow my call when I have already paid for the month and He would also owe me the security deposit.
He can tow your car because it is on his property. Whether his notice was posted correctly, allowing people enough time to make alternative arrangements, is irrelevant.

You stated that you suspected the previous owner wasn't completely compliant with local laws. Not a big surprise if the new owner isn't either. It would not surprise me if the previous owner of the parking garage collected rent and didn't turn over his records or deposits to the new owner.

So the question is not can he have your car towed.
Rather, what can you do to mitigate the financial damages?

Follow AJ's advice.


Also:

1) Get the car moved. It does not matter how - just get it moved. Heck, if there is no key to your car in NYC, it might be cheaper to have you hire someone to tow your car yourself.

2) Stop any automatic payment plans you have set up with the previous owner.

3) Locate all relevant paperwork - anything that shows your agreement. If the prorated unused rent and the security deposit is not refunded in a timely fashion, send a demand letter. If the new owner refuses to do to, then sue him for it.
 

PayrollHRGuy

Senior Member
How can he tow my call when I have already paid for the month and He would also owe me the security deposit.

Let's clarify. If he calls a tow truck to move your car the tow truck driver is not going to be looking through a NY law book to decide to tow it or not. It may well be a completely illegal tow. That isn't going to get your car off the hook.
 
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