It was with great spirit that I received your building manager’s correspondence this evening in which I was informed that you have “a policy about non-functioning cars in the lot” and how you “cannot let it stay there, as is, for too much longer…”
I am sensing that you are concerned that I will abandon my car in your parking lot when I move out at some date far in the future. Obviously my quiet living combined with my habit of paying my rent on time each month has given you ample reason to question my sense of responsibility.
I consulted my lease and while it says nothing specific about a car’s functionality, it does feature this fascinating provision:
I would like to take this opportunity to apologize for that two-week period last June when I was enjoying the flu and failed to move my car at least once every 48 hours. As you have no doubt surmised, I did not read my obligations thoroughly when signing this lease – otherwise I would have engaged someone to come over during those two weeks and perform the necessary rotations. I would also like to express my deepest regrets for the many 48 hour periods that have elapsed since I moved here in early 2002 and opted to ride the bus to campus/work because I selfishly did not want to pay $50 a week for parking – or walked to the shopping district because I thought the exercise might do me good.
I realize that my car, tucked up as it is in the corner spot that is partially blocked by the back door stairway and can only be accessed by crossing into the adjoining space, is parked in a highly inconvenient spot for the other tenants and their vehicles. Moreover, I should probably free it up for someone with a compact car – unlike my 1990 Honda Civic.
And I apologize for the unsightliness of my car. That tiny spot of rust over the rear left wheel – the wheel that faces the side of the building – is clearly driving away potential tenants – unlike the attractive hallway carpet that you wisely purchased from that casino that was scheduled for demolition.
I will fix my car and I give you my word of honor that, come hell or high water, that car will be moved from whatever parking place it currently resides to a different parking space every 48 hours for the remainder of my residence here. If you have any questions or concerns etc.
Cordially,
Osbie
(I am ranting about this tonight so that when I discuss this with the necessary parties tomorrow, I will be a great deal more civil.)
It’s the officiousness they are objecting to, hajario.
Osbie has given the landlord no other causes for concern. They have not given any notice they are about to move out.It’s obvious to me at least, that their car broke down not long ago, and they are in the process of saving up enough to get it fixed.
I’d wager the landlord has had problems in the past with people and derilect cars. Maybe getting fined for having them on their property, or someone left one behind and the landlord had to pay the cost to get rid of it.
I still think it might have been a more diplomatic approach on the landlord’s part to approach Osbie and discuss their concerns about the car first. This would have allayed any fears the landlord might have had, or addressed any problems that may have come up because of it, and not been such a hardass approach.
Some cities will fine the property owners if a derilect/abandoned vehicle comes to their attention. (This can have different pre-requisites too.) My parents had this problem with my little brother’s motorcycle. It was in the backyard, out of the street, and they were still going to fine them for it!
Nah, no need to turn it down, just put your argument as sarcastically as you have here. If he’s intelligent enough to get it, he may realise that the conditions are ridiculous, if he’s not then it’s no real loss being sarcastic, as he won’t take offense.
A note like that seems very reasonable to me particularly considering that this car has been in place much more than the 48 hour limit. Towing the car without warning, which is well within the landlord’s rights, would be assholish. Sending the note after the car had been there for 48.1 hours would be assholish too. I’m not sure what else you would expect them to do.
For all we know, they could have hundreds of units to deal with and not have time to try to track down every tenant they need to inform of something. Who knows when the tenant is home or when the tenant normally sleeps or what kind of hostility they may face when confronting someone? Maybe another tenant complained and they contractually had to act.
A very important point here is that it was the apartment manager who sent this note. It is this person’s job to enforce the rules. If they don’t, they could get fired and lose their home. At the very least the OP should call them and see if they’re willing to work something out before we all assume that they’re assholes.
Christ, the OP signed a contract, didn’t bother the read and understand it and then complains when it is laxly enforced. Sorry.
Yes, Zabali_Clawbane, I believe a past tenant did abandon their car - which is a highly inconsiderate thing to do. I haven’t given them any indication that I would ever contemplate such a thing.
hajario, my friend at work has a rental property and I have seen firsthand the legal hoops landlords have to jump through just to evict someone who hasn’t paid their rent for a few months. I am not without sympathy here. But after I fix my car, I’m still going to be walking and taking the bus almost 100% of the time. Which means that they’ll have no indication that my car is functioning. Which I suppose means that I’ll be regularly moving my car from one parking spot to another just to prove my car is functioning. Does this not strike you as being a bit silly?
And for the record, I do not think my building managers are asses - they were just passing along the message. They don’t set the policies. I don’t object to the manner in which the message was delivered - just the idea that my car is somehow causing problems because, for whatever reason, it hasn’t been moved lately. It just seems petty.
(Note: no one has told me that I must move the car every 48 hours, but legally, I’m obligated to according to the terms of the lease. I imagine that clause is there so that landlords can be assured all their tenants’ cars are functioning. I think this time period is utterly ridiculous.)
So discuss it with them. They might be actually be reasonable. I think they have been reasonable so far. The rant was premature. The landlord might not even be aware of the issue yet and the manager is just doing their job.
The policy is there for a reason. If they Osbie slide on this, then it doesn’t help their position when an asshole renter puts a POS car up on blocks in his parking space.
The policy is there for a reason. If they let Osbie slide on this, then it doesn’t help their position when an asshole renter puts a POS car up on blocks in his parking space.
Osbie: I loved the letter but I have to side with hajario and spooje. It’s in the contract and you signed the contract. Stupid rule yes, but a rule you said you would sign.
But what about talking to your landlord. Let him/her know the situtation (i.e. the car will be fixed by a set date and that even though you won’t be driving it much or at all, it will always be operational)
You know, you “law and order” types give me a pain. These types of clauses in leases (and I do speak from first hand experience) are basically built in devices that are intended to give grounds for eviction or some other legal action if a landlord wishes to rid himself of an undesirable tenant.
The fact that the OP is paying rent on time, and quiet basically means that this rant is not premature. Honestly, what if the OP is to go on vacation, or simply chooses to use public transportation and use the car only for the weekly grocery run?
There is such a thing as an implied social contract. Rules which may not enjoy the full backing of the law, but do have the weight of custom. For example, if I am a model tenant (clean, paying rent on time and quiet), you (as the land lord) should keep out of my face about these sort of stupid things. Honestly, what a colossal waste of time and energy this sort of thing is.
You could also check with a lawyer/legal aid clinic. My roommate works in one, and she tells me that a lot of leases (all contracts signed without a lawyer, actually) have clauses in them that are actually illegal according to the Tenant Protection Act (in Toronto: there are landlord-tenant laws everywhere, though) and even though you signed the contract the landlord can’t legally evict you for breaking these clauses. (He could, however, put you on his list of Bad Tenants and start looking for another reason to evict you.)
But if you don’t want to move your car every two days it may be worth looking into.
I will be on vacation for the next two weeks. Please excuse the fact that my car will stay in one parking space for that time. In case you need me, I can be reached at xxx-xxx-xxxx.
Love,
Osbie
Look, all they did was send a note. No one was threatoned with eviction or even having their car towed away. It was no more than a reminder. From the OP, there have been multiple violations of the rule over several months. Maybe another tenant complained (if true, I could see a rant against them) and, if so, the note had to be sent else the landlord would be in violation of that tentant’s contract.
Osbie is doing the right thing by trying to speak with the landlord as soon as possible. We have no idea if he is being an asshole yet. So far, no one has been unreasonable.