Tenant’s unused parking space likely not available for transfer or sublet

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Source: DICKIE & LYMAN LLP, who practice landlord/tenant law and other areas of law.

QUESTION:

At my building I pay a yearly fee for a parking spot. A month ago my car broke down. The cost to fix it was going to be beyond what the car was worth so I decided to junk it and go without a vehicle for the rest of the year. I asked my landlord for some reimbursement but he said that since I used the space for longer than six months, he does not have to reimburse any of the fees that I paid. Are there any steps I can take to get a portion of my fee back (about $600) and, if not, can I sell my spot to someone else in the building, like a sublet?

ANSWER:

If your tenancy agreement provides that you will pay a yearly fee for use of a parking space, you have no right to a reimbursement if you want to give up your parking space before the end of the year.

In regards to selling your parking space, it is unlikely that you are entitled to do so or otherwise sublet your designated parking space.

Your parking space is a facility that is provided to you by your landlord as part of your tenancy agreement. If you have a written tenancy agreement, the rules about transferring your parking space are probably in the main lease agreement or in a separate parking agreement. Those documents usually explicitly state that parking spaces are non-transferable. Even if a transfer is permitted, you are probably required to obtain the landlord’s consent before making the transfer. With such consent, you may be entitled to get some of your prepaid fee back.

Almost all landlords do not want their tenants to sublet their parking spaces. Often landlords will issue stickers or passes to people who are authorized to park in the parking lot or in the building. These passes control who has access to the parking lot and make it easier for landlords to prevent unauthorized individuals from parking in the parking lot or in the building. When those passes are given to other individuals without the landlord’s consent, it defeats their purpose and leads to unauthorized parking and security problems. For example, non-tenants may gain routine access to the building.

As well, if there is a problem with a car in the parking lot or in the building, the landlord will need to notify and deal with the owner. Hence, it is important that your landlord know who owns each car in the parking garage.

Furthermore, subletting to another tenant can lead to confusions or disputes regarding responsibilities. For example, if you give up your parking space to another tenant informally, it is possible that the other tenant may decide that they do not wish to give it up if you decide to get another vehicle. Then the landlord will be in the middle of a dispute of your making.

If you speak to your landlord, they may inform you that there is a waiting list for parking spaces in your building. In that situation letting the other tenant “jump the queue” may be seen as unfair. Moreover, if there is a waiting list and you give up your parking space, there is no guarantee that you will get another space in the future.

You would be best to speak to your landlord before seeking to sublet your parking space. If your landlord finds an unknown car in your parking space, they will probably be within their rights to remove the car.

Send questions for rental experts or suggestions for topics to Rental Guide, c/o Advertising Features, Ottawa Citizen, 1101 Baxter Road, Ottawa, K2C 3M4 or by e-mail to advertisingfeatures@ottawacitizen.com. Selected questions will be answered in future columns only. For immediate assistance call the Landlord Tenant Board at 1-888-332-3234.