Parking might look like a small detail compared to rent or repairs, but it still shapes your everyday experience as a tenant. The truth is, many renters don’t always know what their lease actually gives them — whether that’s a designated space, visitor parking, towing rules, or even who handles snow removal. And to be fair, some landlords don’t explain tenant parking rights details clearly, which is how people get confused.
To put it simply, your lease, state laws, and local laws will define your parking rights as a tenant. In this guide, we break down how tenant parking rights work, how much control the lease has, and what you can do when problems show up. The goal is simple: we’ll make parking easier to understand so you know your rights and can handle any situation with more confidence.
Main Takeaways
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Your lease agreement, local laws, and state laws define your right to parking. You don’t have an automatic right to it like you do with water or heat. If the lease is silent, you usually have no guaranteed claim to a spot.
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Landlords must give tenants with disabilities accessible parking as a reasonable accommodation. In some situations, they can restrict or revoke your parking or tow your car. However, they can only do that if the lease and local/state laws allow it, typically for rule violations or safety issues.
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Landlords can charge for parking as an amenity. Once you’ve signed the lease, both parties can’t change the parking fees and access rights unless the lease allows it or you both agree.
What Are Tenant Parking Rights?
Generally, tenants’ parking rights and rules (like whether they have a reserved parking spot or not) are defined by their lease and local/state laws. Also, under the Fair Housing Act, landlords must grant accessible spots to people with disabilities.
Parking isn’t an automatic right the way heat or water is. The lease creates those rights. And without clear terms in writing, you don’t have a legal claim to a spot. Many Philadelphia property managers emphasize this when helping renters understand what their lease actually covers.
When the lease includes parking, you can use the space exactly as the lease describes, whether that’s a reserved spot, a shared lot, garage parking, or access to on-street permits. Also, the terms should help you understand the rules that come with the space, like towing policies, guest parking guidelines, and any fees the landlord attaches to the spot.
Philadelphia-Specific Notes
In Philadelphia, leases dictate tenants’ parking rights, so it’s not something tenants automatically get. If the lease says a tenant has a parking space, the landlord has to honor it. If the lease stays silent, the tenant doesn’t have a guaranteed claim. This holds even if other people in the building have spots.
Here are a few things that stand out in Philly:
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Permit Parking: Many neighborhoods have Residential Permit Parking (RPP). Only residents who live in the RPP zone and have a vehicle registered to their address are eligible for a permit through the Philadelphia Parking Authority (PPA).
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Multifamily Buildings: Landlords with private lots can set their own parking rules (assigned or open), but they must adhere to their lease terms.
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Included Parking: If the lease or rent includes a dedicated parking space, the landlord cannot remove it during the lease term without a formal, written lease amendment agreed upon by the tenant.
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Towing Rules: Towing from private property must strictly adhere to the Philadelphia Code, which requires specific signage, lighting, and notice to police, in addition to any PPA regulations.
Does the Lease Agreement Control Parking Rights?
Mostly, yes, however local and state laws can also control parking rights. So, if the lease conflicts with state and local law, the lease is void.
Assuming your local and state laws don’t come into play, your lease will be what decides whether you actually have parking rights. Tenants don’t have automatic parking rights like they do for heat or water. A landlord only has to provide parking rights if the lease, as well as local and state laws, say so. So, the lease agreement should spell out the number of spots, whether they’re reserved, and any rules you have to follow for guests.
When the lease includes parking, you can use that space for the entire lease term under the conditions the lease lists. No surprises, no last-minute changes. And unless the lease allows adjustments, the landlord can’t suddenly introduce new fees, move your assigned spot, or add restrictions halfway through. Any update they make requires proper notice or a signed agreement from you and the landlord.
Two Exceptions
However, there are two key situations when you may have a claim to parking even if the lease is silent:
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Reasonable Accommodation: A landlord must provide a reserved and accessible parking space as a reasonable accommodation for a tenant with a disability under Fair Housing Laws, even if the landlord typically doesn’t offer parking or the lease is silent. You cannot be forced to pay for the reasonable accommodation itself. However, you may still need to pay a standard fee for the use of the space if everyone else is charged that fee, too.
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Implied Right: In some jurisdictions, if you have a long-standing, undisputed practice of using an open space, you may have an implied right to continue using it. However, this is less common and the lease is still the strongest authority.
But when the lease stays silent about parking and neither of the above exceptions apply, things work differently. The tenant usually has no legal claim to a spot — even if the lot looks open or other residents park there freely. In that situation, parking becomes an optional perk, not a guaranteed right.
Philadelphia follows the same pattern. The lease controls everything except for mandatory reasonable accommodations. If the lease clearly includes a parking space or notes that it’s part of the rent, the landlord must honor it. If not, they’re not required to offer parking at all — and tenants may need to get neighborhood or residential permits through the Philadelphia Parking Authority instead.
Can Landlords Restrict or Revoke Parking Access?
Landlords can restrict or revoke parking access, but only when the lease and state/local laws give them that power. Parking counts as an amenity, not an essential service, so landlords have the room to set rules unless the lease (or laws) say otherwise.
If your lease or location’s laws gives you a specific parking spot or guaranteed access to the lot, the landlord can’t take that away during the lease term. That is, they can’t do so unless the lease allows them to change it or you break the parking rules. Even in those cases, most states expect landlords to give proper notice and explain why they’re limiting your access.
When the lease or laws don’t promise you the right to parking spaces, landlords have more freedom. They can update parking rules, close certain sections, or even remove parking altogether if needed. They still must follow your laws and clearly communicate any changes so you’re not caught off guard.
Can Landlords Tow a Tenant’s Car?
Yes, landlords can tow a tenant’s car. However, they can only do it when the lease and local/state laws allow for it and the car is genuinely in an inappropriate place. Towing is a big step. So, your landlord needs to check their lease, the posted parking signs, and their area’s laws before they even think about calling a tow truck. In most places, including Philadelphia, they can only tow in two circumstances. They can do it when a tenant breaks the agreed-upon parking rules or when it creates a safety issue.
Most towing situations come down to one thing: the car is somewhere it shouldn’t be. Maybe it’s sitting in another tenant’s reserved spot. Maybe it’s blocking a driveway, a fire lane, or the building’s entrance. Generally, a landlord may also tow when your vehicle is unregistered, abandoned, or keeps breaking posted rules. And if there’s a real emergency, like a car blocking fire-department access, the landlord can act fast and remove it.
Philadelphia adds its own structure to the process. The city requires landlords to use licensed towing companies and to post proper signs anywhere towing might happen. When landlords follow such laws and the lease supports towing, they can legally remove a vehicle. But if the lease gives the tenant a specific parking space, the landlord can’t tow that car unless there’s an actual safety risk or a clear rule violation.
Can Tenants Be Charged for Parking?
Yes, landlords can charge tenants for parking, and many do. Parking counts as an extra amenity, not a part of the rent, so landlords can set their own fees. Some properties fold the separate cost into the monthly rent. Others charge separately, offer higher-priced premium spots, or let tenants choose parking only if they need it.
What really matters is transparency. The lease should spell out every parking cost — whether it’s bundled into the rent or listed as its own fee. Once both sides sign the lease, those terms stay locked in for the entire rental period. A landlord can’t raise the fee halfway through or introduce new charges. That is, they can’t unless the lease already gives them that ability or the tenant agrees to the change in writing.
A Disclaimer
We’re only providing general information in this article for educational purposes only. While we aim for accuracy and reliability, the information shared is not meant to be relied on as legal, tax, financial, or specific regulatory advice. We strongly recommend that you always consult with a licensed attorney, CPA, or other qualified professional in your specific jurisdiction for advice tailored to your unique circumstances, as reading this blog does not establish a client or advisory relationship with BMG.
A Smoother Renting Experience Starts Here with BMG
Parking doesn’t have to feel confusing or stressful. If you know exactly what the lease promises, how parking rules work, and where your state and local laws come in, things can get easier, fast. By looking at your area’s laws and your lease, you can have a better rental experience. It can be one where you feel grounded and informed, both on the property and in the parking lot.
Feeling unsure about your lease terms and where you fit in it? Consider renting with us at Bay Property Management Group. We walk our renters through their rights, explain parking policies to them, and step in when something feels unclear. Our goal is to keep your time with us fair, transparent, and well-organized. That way, you can enjoy your home without stressing over the details. Whenever you’re searching for a new place, feel free to browse our current listings. You might find one that feels just right.
