Things You Should Know About Tenant Parking Rights (For Landlords & Property Managers)

Key Takeaways

• Parking is a major concern for renters: A well-managed parking policy can prevent “parking wars” and tenant frustration. Clear rules in the lease help avoid disputes.
• No universal law guarantees parking: Landlords generally aren’t obligated to provide parking unless required by local zoning or promised in the lease agreement. Tenant parking rights are mostly defined by what’s in the lease.
• Include parking details in writing: Leases (or parking addenda) should spell out assigned spots, guest parking rules, fees, towing policies, and other parking regulations to set expectations and protect all parties.
• Enforce rules fairly and legally: Consistent enforcement (with proper notice and signage) keeps order without violating tenant rights. Provide reasonable notice before towing and ensure rules comply with fire codes, ADA requirements, and local laws.‍
• Reasonable accommodations are required: Landlords must provide accessible parking adjustments for tenants with disabilities upon request. For example, if parking is first-come-first-served, you must assign a closer spot as a reasonable accommodation when needed.

Parking spaces play a crucial role in rental properties and are often a source of conflict between landlords and tenants. When renting a home or apartment, residents have certain expectations that extend beyond their unit’s walls – and parking availability is a fundamental one. 

Whether tenants rely on a personal car or have frequent guests, the convenience and security of parking can greatly impact their rental experience. 

This guide provides insights into tenant parking rights and best practices. It will help landlords and property managers navigate parking-related matters effectively – from understanding lease terms to handling disputes. By proactively establishing clear parking policies, you can create a fair environment that minimizes misunderstandings and fosters good landlord-tenant relationships.

Understanding Parking Spaces in Rental Agreements

A tenant’s parking rights (and responsibilities) are primarily determined by the lease or rental agreement. As a landlord, you should ensure the lease includes a section detailing all relevant parking policies for your property. In fact, there are no specific nationwide laws mandating tenant parking – instead, any rights to a space usually come from what’s promised in the contract.

Landlords are obligated to provide whatever the lease guarantees (e.g., an assigned spot or permit); otherwise, there’s generally no automatic right to a parking space unless local laws require it.

Here are key parking details that should be covered in writing as part of the lease or a parking addendum:

• Assignment of Parking: Clarify if the tenant has an assigned spot (include the spot number or location) or if parking is “unassigned” (first-come, first-served).
• Guest Parking Rules: Outline where and when visitors can park, any permit requirements for guests, and time limits for visitor parking. This prevents unauthorized vehicles from taking tenant spaces.
• Damage and Liability: State how to report damages or incidents (e.g., a car break-in or fender-bender in the lot) and who is responsible. Leases often stipulate that landlords are not liable for vehicle damage or theft on the property – tenants park at their own risk and should carry auto insurance.
• Unauthorized Use of Space: Explain what a tenant should do if someone parks in their assigned spot. Typically, the tenant should notify the landlord or property manager – they should not take action on their own. Management can then attempt to identify the vehicle’s owner and have it removed or towed per the established policy. (Many leases state that any car parked in the wrong spot or without authorization is subject to towing at the owner’s expense after proper notice.)

Also, be aware of local regulations that may affect parking provisions. Many cities have zoning ordinances requiring a minimum number of parking spaces for rental properties (often based on the number of units or bedrooms). 

For example, one city’s code mandates 1.5 spaces per 1-bedroom unit and 2.0 spaces per 2-bedroom unit in an apartment building. Always check your local laws: in some urban areas, there may be no minimum parking requirement, whereas other places require ample off-street parking for rentals. By including all applicable parking terms in the lease, you set clear expectations from the start and help avoid disputes down the line.

Types of Parking Arrangements

Rental properties can offer various parking setups, and it’s important for both landlords and tenants to understand what type applies to them. The parking arrangement at a property depends on factors like available space, property layout, tenant needs, and local regulations.

Below are some common types of parking arrangements in apartment communities and rental properties:

Establishing Policies on Parking Spaces at Your Rental Property

Landlords must establish a comprehensive rental agreement to minimize misunderstandings regarding rental rules, particularly those related to parking.

This agreement should include a section specifically dedicated to parking and the use of tailored language to suit the unique characteristics of the private property.

By ensuring that the parking rules are clear and well-defined, you avoid the negative effects of miscommunication. The lease agreement should address various parking scenarios and other significant matters.

Here are several parking regulations that landlords should incorporate into the agreement or a separate parking addendum:

Assign Specific Parking Spaces to Each Unit

This will ensure adequate parking spots for the renter's vehicle.

Landlords can use numbering systems for parking stalls, recording them in the lease agreement or a parking addendum. Some landlords may also provide ID stickers for tenant vehicles to be displayed in the rear window to ensure proper parking.

You can also implement a parking permit system requiring tenants to display a valid parking permit provided by the landlord. This helps ensure that only an authorized vehicle stays on the premises.

Designate No-Parking Zones

Prohibit parking vehicles in areas not designated specifically for parking by putting a sign on the lawn, in common areas, in front of dumpsters, or on the sides of driveways or parking lots. Double parking should also be strictly forbidden.

If applicable, allow tenants to reserve additional parking spaces for an extra fee with their rent, subject to availability. Clearly outline the process, terms, and costs of securing a parking garage.

Clearly Define the Rules for Guest Parking

Designate specific areas in the parking lot for guest parking, and inform tenants that anyone, whether residents or guests, who park in someone else's assigned unit will be subject to towing at their own expense.

Specify any prohibited vehicle type, such as a commercial, recreational or oversized vehicle, that does not have permission to be on the premises.

Outline the Property Management Procedures for Towing

Each tenant should be familiar with the landlord's towing policies, including reasons for towing tenant vehicles, methods of contact regarding parking issues, the number and type of warnings issued before towing, and the associated financial responsibilities.

In your lease agreement, you should specify the penalties, fines, and towing procedures for repeated violations. Specify that each parking location is intended for one appropriately-sized motorized vehicle only.

Some tenants may attempt to park multiple vehicles in a single space, such as a car and a motorcycle, or two motorcycles, or a car and a scooter. To ensure simplicity and safety, restrict parking to one vehicle per space. Additionally, prohibit oversized vehicles, recreational vehicles, trailers, boats, and other non-standard vehicles.

Prohibit the Parking of Inoperable Vehicles

It's important to prevent the rental parking lot from becoming a safety hazard due to inoperable vehicles awaiting repairs.

Landlords should not allow broken-down cars, vehicles on jacks, or those with flat or missing tires to occupy parking spaces for extended periods. They should set a short timeframe for removing or repairing damaged cars and adhere to it.

Furthermore, all vehicles should have current registration and a license plate number.

Address Reasonable Accommodations

People with disabilities are entitled to reasonable accommodations, extending to parking.

If a tenant has a request for reasonable parking accommodation, such as a closer parking spot or a larger space to fit a wheelchair, landlords must comply with these requests.

Emphasize Compliance with All Applicable Laws

Residents should never be allowed to park in areas that may violate fire codes or impede emergency vehicle access.

Landlords should consult local authorities in the police department to ensure compliance with street parking regulations and other potential violations related to the rental property.

Implement Changes Properly

Establishing parking rules and regulations is an ongoing task that can change based on the needs of the property or community, and landlords may encounter new issues or previously unforeseen situations with a parking spot.

Include a clause stating that the landlord reserves the legal right to modify parking rules and regulations, with reasonable notice given to renters. Emphasize communicating any changes in writing.

Conclusion

When tensions arise, and tenants feel that their parking rights are being restricted, landlords should approach the situation professionally.

Remember that tenants do not “own” their parking spaces; rather, they have permission to use them under the conditions of the lease. As the landlord (or property manager), you have the right to establish reasonable parking policies, as long as those policies are clearly outlined in the rental agreement and comply with the law.