Parking at Your Apartment

One of the quietest big deals about moving to a new apartment is where to park your car. Although it seems so basic, nothing can ruin your day, your evening, or your week than getting a violation and/or having your car towed because you didn't park it in the right place.

Similarly, nothing can put a bad taste in the mouths of your friends and family than seeing their cars ticketed or towed away while they are enjoying your company. So, you need to internalize what the rules are for both resident and guest parking before you move into the new unit.

What does the law say?

§ 92.0131 of the Texas Property Code lays out the rules for how a landlord must conduct a parking policy at a multiunit complex. Specifically, the law states that if an existing parking policy is in place at the complex, the landlord must provide you with a clearly-marked copy of the policy and rules to you at the time you sign your lease.

Furthermore, the copy of the rules must be signed by you or be part of a package of information that you sign. So, it's quite common for apartment complexes to include the parking policy as part of the lease agreement or as an attachment to it.

The landlord is also unable to change the policy on a whim. Any changes to the parking policy have to be furnished to you, and the landlord essentially has to be able to prove that you received notice about the changes and that either the change applies to all tenants or applies to you with your own consent.

Things to note when you read the parking policy

I would recommend that you take the time to read the policy thoroughly before you sign the lease agreement. However, if you sign before you do, make sure that you find answers to the following questions:

• Is there a decal, sticker, or tag that I need to display on my car?

• Do I need to give you the make, model, license plate, and color of the car?

• Is there a specific spot that I have reserved for me?

• Are there specific spots that are off-limits except to specific residents, such as covered spaces?

• Where can guests park?

• What are the rules for how long a guest can park in a spot?

• What should I do if I can't find a spot or someone is parked in my spot?

• What is the towing service associated with the complex?

Be sure to note the answers to all of these questions and keep them in a safe place. You should also keep your copy of the policy with your answered questions nearby, too - just in case.

What to do if there's no parking policy

Though it's unlikely, there is a chance that the place you choose won't have a formal parking policy in place. The law does not require complexes to have a parking policy.

In that case, the parking situation is almost certainly first-come, first-serve. Here are some things to consider about this type of situation:

1. You don't have to worry about where to park or where your guests park.

2. Unless you park in a fire lane or handicapped spot, there's little chance of being towed.

3. There's no guarantee you'll be able to find a spot near your apartment, which can be an issue if you have a disability and/or have a large load to carry into your home.

4. You will likely find yourself timing the parking lot in order to get the good spots. If you happen to be coming home during a peak period, it can lead to additional stress about the struggle to get to your unit.

The considerations listed above are based on my own direct experience with this sort of thing. Truth be told, an apartment complex without a formal parking policy would give me pause about signing the lease.

However, that's my own personal opinion on the matter. If you don't mind or don't care, then there's nothing wrong with it.

My final thoughts on apartment parking

Parking policies are generally in place to protect tenants' vehicles and safety. Even though some of their rules can venture into the oddly-specific at times, they are often a necessary structure to maintain order at the complex.

If you choose an apartment with a formal parking policy, you should abide by the policy. Even if the enforcement of the policy is lax, there's no guarantee that a new management regime might decide to crack down.

If you choose an apartment without a formal parking policy, get it in writing from the leasing office that there's no policy. Even though the law requires complexes to give notice, I would have an additional confirmation that there is no formal policy in place.

The reason you want this additional protection is to guard against any future managers AND tenants invoking a rule on you. Many people on both sides - tenants and landlords - can fall into the trap of believing themselves to have more authority and autonomy with parking than they do.

Know your rights. Know the policy. Know where to park without getting towed.