Tips for In-House Counsel
October 6, 2009
Parking Code Violations By A Landlord: A Tenant’s Opportunity to Re-Negotiate
By Kevin I. Shenkman and Michael J. Zerman of Zuber & Taillieu LLP
In today’s difficult economic climate, some commercial tenants are paying closer attention to parking code violations that landlords and tenants may have overlooked for years. Such violations may be difficult for landlords to correct, but may support tenant claims for contractual damages, injunctive relief, lease termination and disgorgement of past profits.
In most major cities, commercial landlords are required to provide a minimum number of parking spaces, of a minimum size, for use by tenants and their customers. By requiring commercial landlords to maintain sufficient parking, cities ensure that public streets are not unduly burdened by the customers of any…
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About the Authors
Kevin I. Shenkman is an Associate of Zuber & Taillieu LLP, focusing on intellectual property law, particularly patent litigation, prosecution, and licensing.
Michael J. Zerman is a Partner of Zuber & Taillieu LLP, focusing on real estate law.
1 Even with the passage of Proposition 64, which provides that only a competitor or party that suffers injury as a result of an unlawful, unfair, or deceptive business practice has standing to bring a claim under Section 17200, tenants will generally have standing to contest a landlord’s unlawful conduct because they are at least indirectly harmed by such conduct.
2 Of course, in employing this strategy, lawyers must be cautious not to threaten criminal or administrative action, such as reporting a violation to a public authority, to gain an advantage in negotiations or litigation. See, e.g., California Rule of Professional Conduct 5-100.