parking stall

[kevin c]

In Feb of '98 my borther and I moved into an apartment and signed a one year lease. We had an oral agreement w/landlord about assigned parking stalls(we have two cars). In July of '99 the building was sold and we signed a new one year lease w/the new landlord. He said everything would be the same but, we didn't specifically get into parking. A new tenant moved in next to us in August of '99. Everything was fine until December when our new neighbor decided that one of our two parking stalls should be his because it is in front of his door(he has only one car). He started parking their, so when his car was there I would park in the next stall over(one of his stalls). If I got home and his car was not there I would park in our stall. When he comes home and I am parked there he parks 2 inches from my driver side door, forcing me to enter through the passenger's side door. In January he decided that no one should park in front of his apartment so he now parks his car at an angle, taking up one of our stalls and both of his. I wrote a letter to our landlord back in December when all this started but, he has done nothing. What rights do I have to the parking stall? What responsibility does our landlord have? and What can we do about our neighbor's harrassment? I live in the state of Washington.

 

[Tracey]

Let the air out of his tires when he parks badly.


The WA landlord tenant act is in RCW 59.18. Landlord has a duty to ensure your quiet enjoyment of your apt from the actions of other tenants. If L fails to do so, you can sue L for diminution in rental value + costs + attorney fees. Write L and insist s/he instruct your neighbor that al parking spaces are first come first served and that N may not disturb your ability to park your car. If L refuses to send the letter, you get to sue L.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[I AM ALWAYS LIABLE]

My response:

Now, now, now, Tracey. How could you even suggest that he should let the air out of the other guy's tires? Hell, I puncture the mutha's tires !!

Good to read you, Tracey!!

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

Now, now, now, Tracey. How could you even suggest that he should let the air out of the other guy's tires? Hell, I puncture the mutha's tires !!

Good to read you, Tracey!!

IAAL


<HR></BLOCKQUOTE>

Hi Tracey and IAAL, you folks are funny and I guess that really is free advice. I hope we do not see this original author posting in the near future on the Criminal Law Bulletin Board.

What are the statute of limitations for letting air out of the tires v. puncturing the tires? Does the statutory law diferentiate between the type of subject vehicles and the act of deflating and piercing? For instance puncturing the tires of an old beat up pickup truck versus just letting the air out of the tires of a late model luxury automobile. By what methodology of measurement does the plaintiff tenant have to prove encroachment into the subject parking stall in question? Would a certified parking stall survey be needed or just staking of the boundary corners? Does the plaintiff tenant have the burden of proof beyond a reasonable doubt that the painted lines actually represent the true parking stall boundary lines? Who painted the lines and what type of paint was used? Did a licensed parking stall line painter complete the work or just a member of the maintenance crew? Was traffic or marine paint used or just regular exterior house and garden paint? Was a layout completed first, how many coats of paint was used, was a primer used and is the paint lead based? Is the color of the paint white or yellow? Are there any restriction on the defendant's drivers license such as glasses or contacts, colorblindness, nightvision etc. Does the defendant know directional locations such as to the left and right of one's parking stall. Does the size and layout of the stall conform to the applicable zoning and building codes? Is the stall a regular stall or a compact stall? What if the stall was designated a handicapped? would the plaintiff tenant still be allowed to park there? Is there any diminimus allowance provided to the defendant tenant subject to the parking surface being either concrete or asphalt. Are there any curb delineation markings such as a color painted yellow or red or numbered with a designated stall letter or number or a combination thereof in a sequential order? If there are oil stains on the hard parking surface, is this matter an environmental hazard legal issue? What if the surface gets wet and someone slips and falls on the illegally parked vehicle and gets injured? What tenant would be named in a personal injury lawsuit? Is the plaintiff tenant liable if the vehicle gets damaged for any reason?
What if the plaintiff tenant refuses to complain to the landlord? Can the defendant tenant aquire the parking space through adverse possession? If the complaining tenant installs a private parking/tow away sign, could the tenant have the illegal vehicle towed? Could the tenant install a parking meter and collect an hourly rate for parking in the stall, say 25 cents for a 15 minute period? And if the parking meter is not fed or is expired, can the tenant issue tickets and fines? Who gets to keep the parking meter income and the fines, the landlord or the tenant? There are many more questions but I will stop for the sake of brevity and levity.

There is a little known Federal Law called PLOT: the Parking Lot Owners and Tenants Act. Federal Register and Regulatory Ammendment Section 25:25 states that this Act applies to all 50 states excluding the State of Washington (Tracey hometown), the State of Euphoria and the Altered State of Califrisco (IAAL domicile).
This scenario reminds me of two grapplers out of the World Wrestling Federation. Windbag versus The Slasher. Are you ready to Rumble!

[This message has been edited by HomeGuru (edited June 15, 2000).]

[This message has been edited by HomeGuru (edited June 15, 2000).]

 

[Tracey]

Yep, & our advice is worth exactly what people pay for it!


And as for you IAAL, I was raised in the rural midwewst and suffer from terminal politeness & an intense desire to avoid confrontation on my own behalf. Hence the reason I would never puncture the guy's tires, no matter how much he deserved it. Sigh....

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[I AM ALWAYS LIABLE]

My response:

You guys are too funny !! HomeGuru, that was a definate CLASSIC response - - a keeper ! I haven't laughed aloud in such a long time as when I read your response. It was absolutely wonderful.

And, as for you, Tracey, I was brought up on the meanstreets of Pacoima, California, in Los Angeles County, where the Homeboyz are the toughest, meanest, and feared. We destroy first, ask questions later. Just kidding. I'd probably Simonize the guy's car to restore the luster that was lost after I burned it !!

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 15, 2000).]