Driveway conflict on the property

This is a discussion on Driveway conflict on the property within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Our house has a driveway, the house is divided into 2 seperate leases, and 2 seperate and distinct living areas. ...

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Old Jun 19th, 2008, 06:53 PM   #1
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Default Driveway conflict on the property

Our house has a driveway, the house is divided into 2 seperate leases, and 2 seperate and distinct living areas. Each of the 2 areas has 6 residents.

My portion of the house has a driveway in front of it. I'm currently subletting from a lessee, and agreed to the sub-lease on the terms I would be able to use the driveway, not exclusive use, but first come first serve use.

I have been using the driveway for 1 month now, without issue, now the landlord is saying, it's for visitor, 15 minute parking only.

Now, there is no mention of even the existence of a driveway in the lease as it stands, I've received consent from all members of my 6 person (inclusive) lease agreement to use the space, and I made a compensatory offer to the other 6 person residence on the other side, which was declined, "don't worry about it."

I feel first come first serve use is what would apply if nothing is specified at the time of agreement.

Note: this is in Ontario.

Thanks for any input.
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Old Jun 20th, 2008, 01:30 AM   #2
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Default Re: Driveway conflict on the property

Check for any area laws that regulate parking on residential property. If none are found, write the LL that there are no restrictions in the lease about parking limitations and that he may not change the lease terms now. (Make sure there are no restrictions in the original lease signed by the person you rent from.) If the LL tries to press the issue, he will have to demonstrate to a court that you are in violation. With no mention of this driveway in any lease, it will be hard to show a violation of your parking there.
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