Am I obligated to provide the tenants under eviction with a parking pass?

Question:

We have about 10 units under eviction (Texas). The eviction date is not until end of next month . We are thinking about getting a new tow company and residents will be notified and given time to update their info so they can receive new parking permits. My question is am I obligated to provide the tenants under eviction with a parking pass? 3 of them their lease expired , and the others haven’t paid rent since March . Feedback is appreciated, thanks !

I'll say regardless of the situation (eviction) treat them same as any other tenant, just to avoid any fair housing allegations.

Its going to be kind of hard for them to move if you tow their car. And moving is the desired end result, no? You got the eviction, which is hard to do right now. Don't add insult to injury.

Michael Andrew Graf Rasch I agree. But the OP was originally asking if she could treat people unequally. Aside from the already correctly given answer about the fair housing issue, I was just pointing out that what seemed to be a decision being made in a retaliatory manner might not be the best business decision to make.

I think it would be retaliatory if you didn’t because they are still residents. Basically you’re forcing them to be towed. As long as they have occupancy there you should treat them as normal to avoid a law suit.
But that’s just me from Cali. Lol

They are still tenants and you are required to still treat them as such

Maybe provide a temporary permit?

Eviction has not been granted. I would give temporary parking passes. There is no need to hurt them more by having their cars towed.

Tammie Foster not trying to hurt anyone here . I was only asking because we are having a lot of issues with these units in particular ( Hugh traffic , drugs, loud music , unauthorized pets/visitors , trash everywhere) we had a lady throwing rocks at parked cars . Police was called nothing was done .

Miriam Garcia I know it's difficult but due to fair housing rules you cannot denie them parking access until unit is officially handed over either by tenent or courts.

Miriam Garcia sounds like you WANT to retaliate against them because you’re unhappy/frustrated they’re still there. I get it. But until a writ is served, you better treat them exactly as you would any other resident or you’re discriminating.

Miriam Garcia you should be able to limit their use of parking if you can prove they are in violation of the parking addendum. This is a great question.

Robin Hixson it’s reserved parking spaces which they were supposed to pay for every month so now they stopped but they are still using them , they are still required to have a permit and they signed and agreed if any other vehicle was parked there it would be towed . It’s complicated and I wasn’t trying to discriminate or hurt anyone I just thought I’d ask . I know of some properties where if your rent is delinquent and you are trying to get a visitor pass or a new permit it won’t be issued until your account is in good standing ????????‍♀️. I’m just going to wait until the writs are served and hope for the best ????

If they still live there, yes. They are residents.

Yes, of course you are. Also, I hope the parking permits and towing is part of the signed leases. This all sounds more like retaliation. You cannot threaten to tow their vehicles for not giving you information you want. Especially when you are attempted to obtain information to use against them.

Tough situation, but dependent on the state laws and your lease. Your lease may stipulate that if parking rent is not paid by such date, your rights are revoked. Always good to bounce this off your LL attorney.

Miles Scruggs I think you’re totally right that it’s not a fair housing problem. As long as they treat all residents with a pending eviction or who are delinquent (up to them to set the standard), the same. My concern would be if the court would construe this as a self-help eviction. I think it’s definitely worth asking your attorney, Miriam.

When I have a eviction filing talk with a tenant I always let them know they will be treated like an other resident until the day they move. Just because of the filing doesn't mean services or protocols stop.

Even if under eviction, I would still give the parking pass. it is the right thing to do and could seem retaliatory if you do not give it. no need to add salt to the wound. it is a small thing that could give them some peace during an already stressful time.

General consensus is that you should be issuing the pass, however, I like the idea of a “temporary” pass. Tell them until the sheriff comes, they need to pick up a new temporary pass EVERY week otherwise they risk having their cars towed. You have no idea when the sheriff is coming, so that seems like a good compromise. This also could potentially open up weekly dialogue for them to pay off the balance before the sheriff arrives.

Yes you can reduce the services provided to a resident without an eviction being completed. Any reduction in services can be construed as a constructive eviction.

The country and your residents have been through hell since March. Do the right thing.