Legal Junkies Forums

#1 Community for Legal Questions and Answers

 
Go Back   Legal Junkies Forums > REAL ESTATE and PROPERTY LAW > Landlord vs Tenant Issues

Register FAQ Tags Members List Social Groups Search Today's Posts Mark Forums Read Layout

Notices


Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old 02-06-2019, 05:20 PM   #1
freestyle
Junior Member
 
Join Date: Oct 2014
Posts: 7
Question Am I required to sign a lease on my parking space

I own my condo unit and my parking spot. I have rented out my parking spot on a monthly basis to someone who lives in my condo building, it being a verbal agreement, and was going nicely.
Now the condo manager of the building says I have to fill out SUMMARY OF LEASE OR RENEWAL (clause 83 (1) (B) of the Condominium Act, 1998). In this document they want to know the rental payment amount and when due.

My question is why do I have to sign a lease, and why do they need to know how much I am charging for the rental of my parking spot? Are they entitled to a portion of this money?
freestyle is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-06-2019, 10:21 PM   #2
adjusterjack
Top Level Member
 
Join Date: May 2016
Posts: 1,625
Default Re: Am I required to sign a lease on my parking space

The "why" doesn't matter. What matters is what the law says. You don't identify your location but the section you cite appears to be from the Ontario Canada Condominium Act, 1998.

Section 83 addresses the leasing of units and reads, in part, as follows:

"Notification by owner
83.
(1) The owner of a unit who leases the unit or renews a lease of the unit shall, within 30 days of entering into the lease or the renewal, as the case may be,
(a) notify the corporation that the unit is leased;
(b) provide the corporation with the lessee’s name, the owner’s address and a
copy of the lease or renewal or a summary of it in the form prescribed by the
Minister;"


At the beginning of the statute is a list of definitions:

"“unit” means a part of the property designated as a unit by the description and includes the space enclosed by its boundaries and all of the land, structures and fixtures within this space in accordance with the declaration and description;"

Your next step is to find the definition and description of "unit" in your condo declarations and see if the parking space is included in the definition of unit.
If it is, you comply.
If it isn't, you might be able to push back on the issue.
Where is your parking space in relation to your condo unit?
adjusterjack is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-07-2019, 08:38 AM   #3
freestyle
Junior Member
 
Join Date: Oct 2014
Posts: 7
Default Re: Am I required to sign a lease on my parking space

Yes I am in Toronto, ON.
I will check the condo declarations thank you!
My parking spot is in the underground garage underneath the condo building.
(would the condo company expect a payment from me for renting out my space, or is the form just for insurance purposes?)
freestyle is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-07-2019, 10:56 AM   #4
adjusterjack
Top Level Member
 
Join Date: May 2016
Posts: 1,625
Default Re: Am I required to sign a lease on my parking space

Quote:
Originally Posted by freestyle View Post
(would the condo company expect a payment from me for renting out my space, or is the form just for insurance purposes?)
Answers to those questions should also be in your condo declarations.
adjusterjack is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-08-2019, 08:51 AM   #5
Lexus
Top Level Member
 
Lexus's Avatar
 
Join Date: Sep 2010
Posts: 8,738
Default Re: Am I required to sign a lease on my parking space

If they allow you to sublet the parking space they could not demand a portion of the rent.
It is good to have a written agreement to avoid disputes, but you should peruse the agreement to know if there is any term included which is detrimental to you.
Lexus is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-08-2019, 09:19 PM   #6
freestyle
Junior Member
 
Join Date: Oct 2014
Posts: 7
Default Re: Am I required to sign a lease on my parking space

Ok, thank you, much appreciated!
freestyle is offline   Reply With Quote


Did you find this post helpful? Yes | No
Reply

Bookmarks

This thread has 5 replies and has been viewed 582 times


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
landlord tried to tow tenants vehicle out of assigned parking space spatdog Landlord vs Tenant Issues 23 07-16-2017 12:10 PM
Residential parking space violation and harassment ResdntlPrkng Landlord vs Tenant Issues 2 01-23-2016 10:21 PM
Can the board take away my parking space Donsbeach Landlord vs Tenant Issues 2 11-13-2013 12:44 AM
parking within 50ft of a stop sign Unregistered Traffic and Speeding Tickets 1 05-06-2009 08:52 PM
Parking space dispute dbo Neighbor Law 5 05-02-2007 11:25 AM




All times are GMT -5. The time now is 09:59 AM.


Use of the Forums is subject to our Disclaimer. Copyright 2009-2019 by LegalJunkies.com