Tenant Required to Pay for Parking Spaces on 'Must-Take' Basis

May 15, 2015
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Facts: A retail tenant’s lease provided that a certain number of parking spaces would be available outside the space it rented. The lease provisions specified that the tenant would let the owner know at the beginning of each month how many parking spots it would need. The owner would charge the tenant accordingly. Thus, the parking spots were used by the tenant on an “as-needed” basis.

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