Rent increase due to customers parking among curb for daycare pickup/drop off
[deleted]
[{"id": "iyegl5d", "text": "They can write a clause for just about anything into a lease but I have never seen that one nor would I believe it to be a common clause in a lease. Whoever the threat is to needs to read the lease front to back, and if that clause is not present, then call the landlord out on the miss information. If it isn\u2019t in the lease it isn\u2019t enforceable.", "replies": [{"id": "iyfx2ar", "text": "There are common clauses in leases that hold the tenants responsible for fines or penalties incurred through their negligent operation on the premises.  Common in commercial buildings are fire code violations and utility infractions.  Since this is a retail property with shared parking I assume that this fine could be in the REA.", "replies": [{"id": "iyinknu", "text": "Thank you for the information! I was not aware of that and I will think about that in my future leases. The whole point of my post was to tell them to read the lease and I probably should have just said that instead of my opinion! Lol", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "iyekd18", "text": "It\u2019s more likely to be a fine or penalty for breaking some clause or rule in their lease, than an outright increase in rent as a direct result of the traffic issues. They could be up for renewal and the landlord is using an increase in rent as leverage for them to get it under control.", "replies": [{"id": "iyf7yeo", "text": "Good chance these cars are blocking a fire lane which results in a fine to the landlord which I know I'd pass through to the tenant.", "replies": [{"id": "iyfmg4x", "text": "Yup. So in this scenario, another business in the strip center could be calling the fire department on the day care.  Fines would be sent to the day care either directly or via the landlord. Based on the excerpt OP included, it\u2019s probably going straight to landlord. So now landlord is asking tenant to control their customers, or else, and the tenant (daycare) cant do anything to appease the landlord because their customers arnt listening to them. \n\nIf the daycare is willing to terminate business with the offending customers, I highly doubt its bullshit.", "replies": [], "depth": 3}, {"id": "iygyepx", "text": "I dont think it is. At least there are no markings on the ground/curb or signs or anything and this is towards the very end of the shopping center.", "replies": [{"id": "iyhbw89", "text": "Towards a primary entrance or exit?", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "iyg41tk", "text": "Either this has been a long running problem and a clause with penalties was added  upon renewal of the lease, or another tenant or tenants have parking restrictions in their leases and language was added to the daycare lease to address any penalties incurred by the landlord.", "replies": [{"id": "iygjmof", "text": "I was thinking something very similar. It\u2019s most likely some declaration restrictions from adjacent owners or in some kind of REA where it\u2019s a shared road way and no cars are supposed to park there", "replies": [], "depth": 2}], "depth": 1}, {"id": "iygf2bg", "text": "We\u2019ve got a daycare in the first level of my building and run into the same issues. They\u2019ve been given dedicated spots in the lot for drop off yet they still do it all the time. \n\nSometimes if ppl park in others reserved spots they will tow or put that obnoxious large sticker on the driver side window that\u2019s a pita to get off. \n\nIn theory the landlord is free to impose fines etc on the tenant if they are causing a nuisance etc as it\u2019s in some leases and if there\u2019s a renewal coming up they may ding them for that. Not surprised that\u2019s the issue here.", "replies": [], "depth": 1}]