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Commercial Real Estate Investment/My landlord is not providing parking
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Question
Hi Jim,
I rent a small commercial space in NJ. Contractually, I am allowed 2 parking spaces at all times in the parking lot in front of my building. This is important as I run a service based business where convenience is one of the perks my clients pay for.
Over the past 4 months, I have phoned my landlord more than 10 times to inform them the parking lot (small lot, each tenant, 4 total, has a specific amount of assigned spots) has been at capacity. I have explained to them they are devaluing my business, putting my clients at risk (as it is very dangerous to navigate out of this lot should there be no parking due it's very narrow entrance) and they continue to brush it off. I've taken more than 25 videos in 2011 of the filled parking lot, each time stamped from my phone.
I am under contract until the end of 2011-- what are my options? Does there negligence constitute a breach in contract?
Mr. Jamison:
This is more a legal matter for many reasons. However, let me tell you a few things that may be helpful.
Do not call your landlord about your parking problem. Send your landlord written notice immediately of this situation via CERTIFIED MAIL - RETURN RECEIPT REQUESTED, and advise it that it must remedy your parking problem immediately.
You should also hire an attorney that specializes in Landlord and Tenant law ("L&T Law") and ask him how you should proceed -immediately. Several ideas come to my mind, however, I am not an attorney and cannot advise you regarding the law. I would ask your legal advisor if this situation constitutes "Constructive Eviction".
Your attorney will need to review the specifics of your lease, especially the text that involves your parking rights. Your attorney may find that you do not have strong enough rights to the parking based on your lease text to support your challenges. It nay say that you have rights to two parking spaces in common with the other available spaces as available which may not be
supportive of your Lease interpretation.
You must do this right away to stop this erosion of your business livelihood.
Good luck.
-Jim
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Answers by Expert:
Jim Avancena, CPM
Expertise
Best qualified to answer questions that involve commercial leases, that is, basic issues as well as the often unexpected effects of the complexities and inter-relationships of the provisions a lease may contain, explain how seemingly innocuous text in your lease can have a major impact on a Tenant or Landlord and their business operations, and the common practices utilized in the industry. I can untangle most matters that may come up from the time a tenant begins searching for a office or store space and the lease acquisition process, concerns related to remodeling/improving the leased premises, moving-in, subletting or assigning the leased space, and a long list of problems that may come up during the lease term and even after a tenant moves out. I have practical experience with most property management issues and resolving landlord and tenant disputes - especially those involving what may appear to be overcharges assessed for additional lease charges like CAM costs, operating expense reimbursement, real estate taxes, utilities, construction improvements etc. Note that I am not an attorney and cannot provide legal advice.
Experience
Thirty years active experience in the commercial real estate industry as a licensed real estate broker in the Washington DC Metro area (DC, Northern Virginia & Maryland). I have been admitted (approved) by the Maryland and DC courts to testify as an expert witness on the subjects of Commercial Leasing and Property Management in the area of standard industry practices. I have had a business for the last 14 years advising virtually every form of business entity from large national corporations to the smallest ma & pa new businesses regarding a wide range of commercial real estate matters in addition to property management and commercial leasing.
Organizations
Currently my three children keep me so busy that it is difficult to participate in organizations with continuing and specific time requirements.
Publications
I publish a local commercial real estate newsletter titled: "Tenants First". My firm was the subject of a high profile Washington Post business section cover page (2.25 full pages) feature story on January 13, 1993; titled "Overcharging Overhead".
Education/Credentials
BA in Political Science from Memphis University, and five years of study in the real estate development summer program at MIT. I was certified as a commercial property manager (CPM-IREM), and currently hold a brokers license in Maryland and the District of Columbia.
Awards and Honors
The same plaques and honors that most others in my industry have earned. I have none that I consider especially meaningful.
Past/Present Clients
Past clients include: The World Bank, George Washington University, National Association of Criminal Defense Attorneys, US Department of Commerce, The American Benefits Council, K-Mart Development, many law firms, a national union, other major organizations, and many, many small business firms and retail operators that I am most honored to serve. I estimate more than 1,500 firms/organizations.
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