Parking Trailer in Driveway - Legal?

[Nir]

Hi,

I asked a question on the topic but not whether it is legal or not. Before calling the tenant I was wondering whether it is even legal to park a trailer in a regular size driveway of a triplex. (regardless, I have other good reasons to ask him to remove it but this could be the strongest one if it`s not even legal).

Also, how much time should I give him to remove the trailer - 2 days? 1 week? 2 weeks?

Thanks,
Neil

 

[ApexQI]

There would be city / neighborhood bylaws that govern this. For example, in the town where we live, the bylaw states you can only park your recreational trailer in your driveway between May 1st-Oct 20th, must be 1m back from the sidewalk or curb, must registered and parked parallel to the driveway. So once you find out what bylaws are effective for where the property is, perhaps your tenants aren`t complying with them. And if that is the case, you could call the bylaw officer to enforce the removal of the trailer...and then you`re not the big bad landlord.


Brenda

 

[Nir]

Thank You Brenda.

Just a side comment, if I call the bylaw officer unfortunately I am the big bad landlord. Therefore, I will try to resolve it peacefully with the tenant without calling anyone.
It`s just helping in the "negotiation" if I can also explain it is illegal. and yes, if he refuses I might call the officer but it will make me look bad.. and that`s fine

 

[vandriani]

Tell the tenant that you have had complaints about the trailer. Don`t tell who complained, just tell them that you recieve a letter stating that it was an issue. Appear to be on the tanants side but that you understand the complainants (is that a word?) issues.

 

[Nir]

Good point Vince.

Especially since it is a triplex he will not know who complained

Thanks,
Neil

 

[Nir]

Interesting development: the tenant wants to pay $50 for using the driveway. I will have to find if it is legal but if it is, would you agree and reduce other tenants` rents?
As mentioned until now it has been a common area used as visitors parking by all tenants. So by allowing one person to use it I am taking away service other tenants had.
I will bring new leases next week as all I have from them are tenant acknowledgments showing no parking space is included in their rent but not clarifying/elaborating on the driveway enough. in theory I could say your lease never included parking space so i cna rent the driveway to whoever i want but not sure I should do that just in order to inrease rent by $50 knowing their visitors did use it from time to time as visitors parking. (currently none of the tenants have a car but the one mentioned is planning on buying one))

Any thoughts/ideas would be appreciated..

 

[vandriani]

Why would you reduce the rent for the other tenants? If it is not written in the lease then you have been providing a service for them for free. It is much the same as a up/down single family home. The upstairs tenant commonly assumes that they get the garage as part of the rent. This is not necessary true if you, as the landlord, want to rent it out seperately and have not included the use of it in the lease. Now, I`m assuming that there is parking nearby for guests. Rent it out...cashflow ...cashflow...cashflow.

 

[Nir]

QUOTE (vandriani @ Apr 30 2009, 08:03 AM) Why would you reduce the rent for the other tenants? If it is not written in the lease then you have been providing a service for them for free. It is much the same as a up/down single family home. The upstairs tenant commonly assumes that they get the garage as part of the rent. This is not necessary true if you, as the landlord, want to rent it out seperately and have not included the use of it in the lease. Now, I`m assuming that there is parking nearby for guests. Rent it out...cashflow ...cashflow...cashflow.


Vince, quick update:

- The tenant moved his trailer from the driveway today after I told him there was a complaint as you suggested. Good for everyone! - now I no longer have the dilemma/temptation of agreeing to his request to keep the trailer there for a fee not being sure it is even legal and against the other tenant`s will who complained it is an eyesore that almost blocks her entrance.
- When he buys a car (might take a few months) I will do exactly as you suggested and rent it to him for $50 a month without reducing anyone`s rent although until now it has been used as FREE visitors parking by another tenant (who does not have a car herself). The dilemma here was on one hand this parking space is not currently included in their lease (in my favor) on the other hand one can say I am taking away service they had before - although not included in their lease (this claim is in their favor).

Bottom line problem solved!

Thanks,
Neil

 

[vandriani]

Neil,

That`s great news. gotta love it when things go well. I would assume visitor parking would be for all tenants, not just one. Regardless, unless stated in the lease, I do not believe there should be an issue. The tenant should see the use as a courtesy not a right.