Responsibility of Landlord?
Will try to keep it short and consise. I’ve been renting an apt and this month entering the 12th month of my lease. It’s a three family. There’s a 2 car driveway. The landlord has one car and used one spot. Seven months ago I bought a new car (2010 model) and asked about renting…
Will try to keep it short and consise. I’ve been renting an apt and this month entering the 12th month of my lease. It’s a three family. There’s a 2 car driveway. The landlord has one car and used one spot. Seven months ago I bought a new car (2010 model) and asked about renting the other spot to which he agreed. He even added it to my lease. Dec 26 storm, landlord cleaned his half of the driveway only (my car was not parked in the driveway at the time). I was visiting relatives and kept the car there due to the mess on the street. I told him I planned to bring my car back later that week and needed to driveway cleaned. He did a half-ss job and I ended up clearing it up all the way. During the last week’s storm, same problem. Car was out the driveway and he again only cleaned his side. Not being a difficult person, I parked the car in front of the house, couldnt get into the driveway at all due a huge frozen mound directly in front that was now packed solid. Lots of snow in the driveway too.
Well, yesterday, my car got sideswiped in front of the house while I was at work. Got home and was livid. I saw the landlord’s son (abt 21) who interprets for his dad who only speaks Mandarin. The son, interpreting for his dad, keeps claiming they are not resp for my hit and run. I agree that they are not, however, I explained to them that I could not parked in the driveway due to the mound and the snow. They said cleaning the driveway was not their responsibility and use some wacky logic about not being resp to clean my apt either just because they rented it to me. This went back and forth for about 20 mins. I asked them to reimburse me, least as a good measure, half of my $500 deductible. They steadfastly said no, absolutely not. So at this point, I told him I’m deducting it from the rent, cancel my use of the driveway. If they don’t like it then take me to court.
Just a bit of history: We have been near perfect tenants, pay on time- always (auto pay from bank) and made just about every minor repairs ourselves without ever asking for reimbursements. Landlord last month asked us to sign a two year lease because “you are good tenants, good people”. We have cleaned the common areas in the apt bldg many times and even shoveled out snow this season bec they were out of town.
I will add this though, apparently after you complained after the first time it snowed, you said he did do a half-assed job to clean up your side. At that point the landlord was sort of accepting responsibility for cleaning your side. That would have been the time for him to tell you he wasn’t going to be responsible for snow removal but maybe he figured there wouldn’t be much snow to remove for the year. But, since it’s not in your lease unfortunately there’s really nothing you can do. It sucks that your car got smashed on the street and frustrating that it could have been avoided if you could have parked it off st but it is what it is. It’s really not even worth your time and energy to fight over $250 bucks to be honest. If you plan on leaving anyway you might as well just walk away.
fwiw, OP, I agree with you. My mother-in-law used to rent a space in her driveway and always made sure it was cleared of any snow. If she was making money off renting the space she had to make sure it was accessible. At least that’s how I assume she thought because she is neither kind nor considerate.
Bklnite, I didn’t come to brag about income and credit score. I responded to a specific post. I’ve had never had issues renting an apt, never been to housing court and wouldn’t be afraid to go if I had to. Talks about being on a no rent list sounds a little closed minded to me but that’s my opinion. I did not debate the “unified response” you talked about. Don’t be upset I did not agree with majority opinion, my friend.
In any event, yes, I’m real upset about my car. The miscommunication and what it will cost infuriates me. I talk to the LL again via his son and told him I’ll give his rent and I’m out end of March. You know what he said in the end … he agreed to the 250 concession. Trust me, this apt is not in Park Slope or Ft Greene or the like. I seriously doubt he will his asking rent as steadily as he’s getting now from me.
This is a 3 family that’s had only had one stable tenant prior to us moving in. They are only becoz their rent is based on 2003 rates. They $400/m less than me. The apt we took never had a tenant longer than 9 months. He rented out mostly to foreign students who last just one semester and gone. One time had up to 9 people in this 3BR. Their other tenants are beyond happy for the noise reduction, foot traffic, non smoking and the general ins/out, never know who’s living there and who’s not. People with immigration issues and the like …
I kept the details based on facts. There are many other mitigating factors, relevant to me, as to why I took this position. But I kept the details local.
The vitriol is there because OP asks the question, gets a chorus of unified response – “sorry , it’s your responsibility” – and comes back and says “At this point, I’ve taken the position of deducting $250 (half the ded) from the rent and give him back the parking space.”
Anyone who’s a landlord would love to know who he is and put him on a permanent “no rent” list. LL has every right to take him to court in which case OP will be on that list and will lose the case. LL may not bother for $250, but what goes around comes around. OP also came back to brag about his credit score & income. Maybe LL’s son can find his way to Brownstoner forum and let folks know what his name is too.
OP,
Ignore the occasional vitriol. I think it’s your responsibility but it was really just a miscommunication.
Wow eman1234, you sound very mature in your post. I don’t worry about renting a new apt. I have stellar credit, well over 700, I earn over 6 figures, I’m a person who chooses not to buy a place for my own reasons. Why would I end up in housing court? I’ve never been. If the landlord and I have a dispute and he wants out, per se, I’ll gladly leave. Surely, he can sue but that’s his right.
as with everyone else it will be your landlords right to sue you for money that you withhold for the imaginary rights that you claim because you are too lazy or entitled that you think that he should shovel your snow..it will make you toxic waste hen you try to rent a new apartment
Again thanks for the feedback people. Yes, I did join to seek some opinions and now that I am here I certainly hope I can offer some in the future. Just an interesting tidbit, today the LL cleaned up the entire driveway and cleared the huge mound that blocked access to it.
Like I said before, the LL had the opportunity to let me know it was my resp to clear snow from the driveway when I asked back in Dec. Instead he cleaned it then which impressed me that it was his to start with. I call it precedent.
Snezan and Snowman2, I don’t worry about finding a new place to live if I needed to. By the way, my name’s Bond, James Bond. Should be easy to look up. LOL
you are silly if you think the rents are the same in this market as they were last year…
your landlord will not take 5 months to find a tenant now…and if any landlord calls your current one and asks for a reference… it is going to make it very difficult for you to rent from anyone… and if it goes to housing court, you will never rent a decent apartment in new york city again without putting down a significant amount of money down…
you know the landlord and you know the situation… i won’t tell you what to do… but it took my friend 6 months to find a landlord willing to rent to her with a housing court on her record (for a $148.00 error) … so make sure it doesn’t get that far….