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.
Sorry, +1 in agreement with most posters above.
Multiple dwelling law covers a lot of LL responsibilities, but I’m pretty sure it doesn’t address parking spaces. What’s in your lease? If the lease doesn’t say LL is responsible for clearing snow, how can you assume he is? LL doesn’t clean your apartment & as MaconStreetMan points out – if you rented and apartment with a garden, would you expect LL to shovel snow or rake leaves in the garden?
If I was the LL I’d feel bad for you – like I would if the neighbor across the street had a hit & run. Get a shovel, or if you’re not happy renting the driveway space without shoveling service included, ask to renegotiate or cancel the driveway part of your agreement.
I agree with the others and if you like where you are living you should be the one who makes amends with the landlord.
You are pissed off right now. Don’t cancel the parking lease b/c you will regret the loss of that convenience. Deal with it again next winter in a different manner. But they are not responsible for clearing out your space.
And, as politely as I can say this, I doubt you’ll ever get any money out of the landlord.
I agree with the other posters. Unless you negotiated it, I don’t see why your landlord would be responsible for shoveling your side of the driveway. If you rented a garden level apartment, would you landlord clear your backyard of snow?
Perhaps, the landlord should have made it clear that clearing snow from the driveway was not his responsibility. After our conversation yest, he made sure to clean up the huge mound that was blocking access to the driveway. Again, I am not asking the LL to pay for the damages but split the deductible which is reasonable in my opinion. If he refused then I can always move on, elsewhere. Just might take me a min or two to save up.
I wouldn’t be so sure that all the above posters are correct. Landlord responsibilities are governed by law – ask a landlord-tenant lawyer.
As to reimbursing you for your damaged auto, there I’d agree you are out of luck.
If you really don’t want to clear the driveway, then negotiate adding it into your new lease (good idea to add it even if it turns out the landlord is responsible, just for clarity) if you want to stay there, and see if they are amenable to providing this service.
And even if they are required by law to do it, don’t assume they will do it if they don’t feel like it. You have to decide what you are willing to live with there, if you can’t come to an agreement, or move on.
Of course, perhaps there is a case on point here, but I add my voice to the chorus saying unless your lease specifies that the landlord shovel your side of the driveway, you were on your own.
>some wacky logic about not being resp to clean my apt either just because they rented it to me
Not wacky logic at all, makes perfect sense to me unless LL agreed to clear the driveway. I don’t think you have either a legal or an ethical leg to stand on; take responsibility for you own actions. Withholding rent…I wouldn’t even go there.
Thanks for the comments. I guess my assumption has been if I rent the space on site and landlord lives there but there’s an obligation to make sure I can use it. At this point, I’ve taken the position of deducting $250 (half the ded) from the rent and give him back the parking space. More than likely I’ll end up looking for another place. The relationship with the landlord is strictly business (never personal).
Before I moved in, it took him 5 months to find a tenant. Let me multiply $1600*5 (assumption made) and versus $250. Sometimes, landlords need to think smarter.
When I rented a spot on a lot in Carroll Gardens I had to dig out an egress to the street when it snowed. That is pretty much how it goes unless you rent space from a big commercial enterprise.