Hello and thank you in advance for your help. I live in a 70-unit rent controlled building in hollywood that has an attached parking lot. I ...

Question

Hello and thank you in advance for your help. I live in a 70-unit rent controlled building in hollywood that has an attached parking lot. I have lived here since Mar.'02 and have until recently had a assigned parking space. The problem is that around Jan of this year the new management co had the parking lot resurfaced and re-drew the car slots (larger), so now there are 18 less spaces than before. Right around then I and other tenants received notice that I am no longer allowed to park in the parking lot as there is nothing written in rental agreement about my spot. My parking was verbally assigned by the previous management and they have written a letter to the current management stating so. They are stating that the letter doesn't matter as there is nothing in the original rental agreement. Does this count as an illegal reduction of services and how can I get them to reinstate my parking spot?

Answer

It would seem to me that it definitely is a reduction of services; I am not familiar with Hollywood's rent control laws but I would assume that is illegal and a significant reduction in services. Your problem is likely not that the management company has changed but rather the ownership has. I also assume that you have not signed a rental agreement for years but rather are on a month to month tenancy, so the prior written contract only applies to show what was done in the past but any changes in the oral agreements are permissible as long as their is mutual agreement. If the landlord offers something in addition to what was originally not covered in the written agreement, then when the next oral renewal of the rental agreement occurs that term is added to the contract. If a year after you had first rented you had to change from unit #1 to #3 and lived in the latter for 10 years, would they argue you have to move back into #1?

The parole evidence rule does not apply [you can not introduce evidence of oral changes to the written contract because to do so would mean that no written contract would be binding] because you are not dealing with one written contract that has existed for 9 years, you seek to show a change in the contract made before the last contract, and the behavior of the management company acting as the obstensible agent of the owner ratified by their actions the addition of terms to the later renewed contract.

not proof read