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submitted by /u/worstgurl
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Is It Legal For Landlord To Charge Tenants For Parking Spots They Cannot Guarantee/don't Technically Exist? Parking Spots Are Included In The Leases As Well. [ontario, Canada]
Hi everyone, thanks in advance for the help. I've also posted in the Canada legal advice subreddit but wanted to make sure I was casting my net wide for advice.
Context:
- Small 9-unit building in Ontario.
- There are 7 parking spots that are available/accessible across 1 large driveway (can reasonably park 5 cars, meaning the space allows for 5 cars to be reasonably able to get in and out) and 1 small driveway (can reasonably park 2 cars).
- TECHNICALLY, the large driveway could park 8 cars but due to the design of the space (fence on one side, building on the other, and dumpsters at the end) that would mean 6 of the 8 cars would be blocked in by the 2 cars on the end of the driveway, as the driveway is only accessibly by the street and no other way in/out. (Imagine a long rectangle where all sides except 1 short side are completely blocked - that is the driveway).
- The landlord has offered a parking spot with each lease that has been signed. That means 9 spots have been 'promised' in leases, even though there are absolutely not 9 parking spots available.
- The language for the parking spot for each lease differs. For example, one says "1 parking spot included", another says, "one spot outdoors, first come first service basis, on-site", another says "one parking spot included, spot #1", etc.
- Several tenants are not paying anything for their parking spot (as it is 'included' in the rent payment). One tenant is being charged $25/month for a parking spot. Another tenant is being charged $50/month for a parking spot.
Problem:
- A tenant with no car moved out, and a new tenant with a car moved in and has found they have no reasonable spot to park, despite paying $50/month and whose lease says they have a parking spot.
- All of the other tenants have been in the building 3+ years and have always parked in their same spots since their move-in dates.
- New tenant parked in the driveway, blocking everyone behind them in. Other tenants had to speak to them to ask them to move their car, as they could not get out.
- Tenant calls landlord, who comes to look at the building and tells tenant "there are people parked here who shouldn't be, when they leave their spot you can just take it". (This is a lie - all of the spots taken are by current tenants who also have a parking spot included in their lease).
- Other option the landlord gave is to just park in the driveway, constantly block people in, and just "coordinate with the other tenants to move your car when they need to get out". This does not at all seem reasonable.
- Due to the weather/current months, it is against by-law to park on the street overnight, so new tenant either has to park in the driveway and block everyone else in, find a new parking spot elsewhere (despite their paying for a spot + their lease), or park slightly on the front lawn (also against by-law).
What can be done? Is this even legal? They're taking money for a parking space they cannot guarantee while also actively making all of the other tenants parking situation more complicated.
Thanks for any help!
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