Can rules that are not in my lease be enforced?
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Can rules that are not in my lease be enforced?
The landlord is stating that we can not park in a specific area and that if we do we will be towed, but in my lease, there are no rules pertaining to parking
Asked on February 13, 2012 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is a written lease, then each party is obligated to do those things--but only those things--contained in the lease itself. Neither party may unilaterally (or without the agreement of the other) add any additional restrictions, obligations, etc. The only exception would be if the lease, by its terms, made reference to some external set of rules (e.g. house rules), which contain a parking restriction; or if the lease specifically gives the landlord the power to later enact certain rules. So from what you write, it would seem that the landlord could not add this parking restriction.
Note, though, that if the area is one in which it's illegal to park in for other reasons--e.g. it's blocking the entrance to a garage or parking lot; it's a no-parking zone generally; etc.--then you could not park there.
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