Can someone raise the price of renting a parking space if they already cashed the check at the lower rate?
I rented a parking space about 45 days ago at a rate of $30 per month. They cashed the check at that time, but there was no contract to sign. Now a new management company has come in and they want to raise the price to $70 per month. Can they do this, or does my check count as a legal agreement?
Answers:
If they give you thirty days notice for the increase then I don't see why not.
Did you prepay for a number of months at the lower rate? Or are you paying/renting month-to-month? If you've prepaid, then I would say they can't jack it up for the months you've already paid for. If it's month-to-month, they can charge you anything they want.
Your check constitutes a contract that you have your space for the month you paid for $30. It's not a guarantee that you can have that space for as long as you want for $30 (that's why you need a contract!). In fact, since it's a month-to-month agreement based upon you paying they can probably terminate at any time.
Think of it this way -- what if you moved and told them that, next month, you wouldn't be renting the space. Would they say "wait a minute, you paid for a month, so that means you owe us $30 for every month that this space is available!" No. You paid your obligation for the rental of the space, and you both move on.
Because it's a parking spot, it may technically be a lease of real property, which may give you a little more protection at "common law" (like the right to receive 30 days' notice of a rate increase)
Without a contract you don't have much leverage. You at least have a receipt, right?
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