PHOENIX — Can an apartment dictate how tenants park? The short answer - yes.
Tim, a Let Joe Know viewer, emailed us asking about a specific scenario. He received an email from his apartment complex, Tides at Deer Valley, notifying residents they are not allowed to back into parking spaces. If they do, they risk being towed.
Tim is concerned. He says he has a disability and his parking spot was right next to a pole making it impossible to fully open his door unless he backs into the spot. He was waiting for new tags which allowed him to use disabled parking spots, but worried about being towed in the meantime.
We called and emailed the complex asking what prompted the parking rule and if exemptions would be made for people like Tim. We reached their office and were told a manager would get back with us multiple times, but they never did.
So, what are your rights?
With the exception of disabled parking and fire lanes, parking laws generally do not apply on private property such as apartment lots.
Ken Volk, founder of Arizona Tenants Advocates, says it comes down to a contractual issue.
"Unless it violates some other law, which would be included in the Landlord Tenant Act as a supplementary provision of law, it's an agreed contractual term," he explained before adding, "there's nothing you can really do about it."
What does that mean for Tim?
While backing into a parking spot isn't necessarily illegal, it is against his apartment's rules.
But why would an apartment care how people park? Arizona only requires a rear license plate. That means if someone backs into a parking spot that license plate is difficult to see and to check the validity of the plate or tags.
The best thing for all tenants and landlords is to know your rights. You can read the Arizona Residential Landlord and Tenant Act online.
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