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.
You joined just to post your story. You got feedback (a lot of it), none of which agreed with you. You persist with your original wrong-headed opinion. You are the problem. Please post your name so I will be sure never to rent to you.
Agree with others. I also rent from a guy and park behind his house in his private garage. I definitely do not hold him accountable for snow removable, and he does the same – only clears his half of the garage door. Yes try to get back onto good terms with him and keep the garage rental. As for the damage, file a hit and run claim – should be no insurance premium increase….only problem is that it will show up on carfax when it’s time to sell. 🙁
I think it’s agreed, OP is on the hook.
A hypothetical …the lease specified that landlord agrees to clear snow from driveway. Landlord neglects to clear the snow and renter gets sideswiped while parked on the street. Is the landlord liable for tenant’s damages? or only for a reduction in rent for diminished services?
To me this would be similar to another hypothetical – there’s a gas leak and landlord shuts off cooking gas line to the apartment. While waiting for LL to arrange for repairs, tenant goes out for takeout and on the way back gets mugged suffering a $450 loss in cash, iphone & watch, on top of $50 for the meal. Is LL on the hook? (Tenant wouldn’t have been going out if he could have cooked at home.)
Well, by now you’ve gotten the messaga loud and clear: It’s not the responsibility of the LL.
You’ve now screwed up the relationship. Try to get back in good terms if you want to stay. And certainly don’t withold any rent.
adding to the chorus, you on the hook for digging it out unless landlord specifically agreed to it.
I understand all the comments coming from you guys/girls and appreciate your perspective. I see things, obviously, differently. No info is stated in the lease so the assumption can be made that the LL has that responsibility too. Like I mentioned previously, when I mentioned it before, he did a half behind job clearing up. He could/should have said at the time, it was my responsibility, not his. He didn’t.
Do I want to be a trouble tenant? Not in the least bit! But, am I really going to let go and take my losses, not a chance. I’ll leave up to him to figure out.
The law says that the landlord is responsible for clearing the sidewalk and garbage. That is all. Landlords often do maintain “common areas” but I am not sure there is a law requiring them to do so. Lastly, your parking space is not a “common area.”
im in agreement with everyone else here. my parents rent a spot (driveway) from their neighbors. my parents are responsible for clearing the snow. my folks never expected for the snow to be cleaned by the family renting them the spot.
“I’m deducting it from the rent, cancel my use of the driveway. If they don’t like it then take me to court.”
Take a deep breath. The canceling use of the driveway is not unreasonable (though you’ll probably regret giving up the convenience). Deducting half your car insurance deductible and telling them to take you to court makes you sound like a nightmare tenant.