Parking Truck At The Appartment Parking Lot?

Question

My question involves a consumer law issue in the State of: Pennsylvania

I park my FedEx small size diesel truck on the parking lot near the appartment bulding where I live. The parking is permitted only if you have a special sticker. I have that sticker on my car. The problem is that I wake up at 6 o'clock in the morning and to go work on my truck, which makes noise ( like usual trucks do). The manager of the appartment building told me that she got complains from the residents about how they wake up early in the morning because of my truck. The manager told me that if I'm not going to park my truck somewhere else, she's going to kick us out. Our lease doesn't say anything about trucks.

Is it legal?

Answer 1

anyone else have a  diesel there? i dont think so but they make their own rules you know.. but i bet your lease does say something about noise.....so first dont sit there and let it warm up so much..... find a space  not so close by....and recheck your lease..... and be prepared to park it somewhere else or move... i drive a ton service truck is only knocks for a minute i just crank it put in gear and let it roll off or out.... you dont have to drive it hard for a minute

Answer 2

A few issues here.

First, you are parking a commercial vehicle on private property.  Most cities/towns have bylaws restricting that... and it may very well be in your lease regarding using the tenant parking lot for your work vehicle.  Imagine if you had a few truckers in your building and they all started bringing their tractors home when they were off duty !  Even some subdivisions have restrictive covenants stating what type of vehicles may be parked in your own driveway, usually banning any sort of commercial vehicle... even if it's just a van with 'advertising' on the sides.  

Second... it is a residential neighborhood, and the noise from the truck at 6 am is most likely breaking the noise bylaw.  Most cities/towns restrict noise between 11 pm to 7 am on weekdays, and 11 pm to 8 am on weekends.  

Third... it is still 'private property', and the owners of the building, and therefore the parking lot, have the right to ticket and tow any vehicle that they do not wish parked there.  All parking lots, whether at a mall, or business, or apartment building are private property.  You need authorization from the owner to use them, and if there are complaints, they will act upon them.

Answer 3

This is landlord-tenant law, not consumer law.

If the apartment building management owns the parking lot and your lease does not say that you can use the parking lot, then they do not have to let you park any vehicle there.  If the parking lot is government owned, then the apartment management does not decide the rules; check with the agency that runs the parking lot.  If your lease says that you can use the lot for a "car", then you are violating the lease by parking a truck instead.  If you lease says that you can are paying rent for an apartment and a parking space and does not specify type of vehicle, then she is violating the lease by not letting you use the space that you are renting.

Answer 4

Work with them.  Can you park at the end of the lot away from others?

Answer 5

Yes because the other people that live there are paying and expecting a certain amount of piece and quite and you are disrupting them and the manager could loose them as tenants so yes he could take you to landlord tenant court and he would win.....