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Old 10-14-2014, 12:32 AM
 
2,132 posts, read 2,225,572 times
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I own a three-family house and occupy one unit. The house has a long, steep driveway leading to a large parking area behind the house. In previous years, there were typically three or four cars using the parking area. When there was a heavy snow, I would hire a plow to clear the driveway and the parking area.

Currently only one of the two rental units is occupied, by a single person with one car. I plan to be out of state for most of the winter, so the tenant will be able to park at the top of the driveway, right by the street, just far enough back to not block the sidewalk.

Do I have any obligation to provide snow removal services to this tenant for her car? I do have someone who will be shoveling the sidewalk, as required by the town, but my tenant seems to think I am also responsible for digging out her car and clearing a path to the street (the strip between the sidewalk and the street).

The lease doesn't say anything about snow removal.

Thanks.
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Old 10-14-2014, 12:45 AM
 
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Let's see, when you lived in the building you would hire a plow to dig out the driveway & cars.

This winter you won't be living there & so you feel no obligation to your tenants to give them the same snow removal service that you gave yourself last winter when you lived there?

As a long distance landlord you'll have to hire all kinds of people as issues come up, i.e handymen to fix things, assorted people for repairs, etc. I say that the snow plow is a cost of doing business & also just a nice thing to continue doing for your tenant.
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Old 10-14-2014, 01:50 AM
 
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If you'll read the OP, you'll note that previously the tenant had to park in a parking area behind the house down a long, steep driveway. Now the tenant is able to park right by the street. I would call that a change in circumstances.
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Old 10-14-2014, 11:32 AM
 
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If parking a parking spot was included in the terms of the rental than you are responsible for reasonable maintenance for that spot, regardless of where it sits on the property. I'm assuming most judges would agree that snow removal is reasonable maintenance especially since you have established a precedence of such a practice. I'd get the thing plowed for your own piece of mind, by sundown of the day after it stops snowing.
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Old 10-14-2014, 02:34 PM
 
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I have had leases that mentioned snow removal, but, as tdstyles mentions, by sundown the day after it stops snowing. I therefore always got to it long before those guys arrived.

I'd say you need to clear to their car but are under no obligation to clear around it or take the snow off the top of it. I'd avoid their car as much as possible to ensure they don't say you scratched it when clearing snow.
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Old 10-14-2014, 06:09 PM
 
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Quote:
Originally Posted by Kthnry View Post
If you'll read the OP, you'll note that previously the tenant had to park in a parking area behind the house down a long, steep driveway. Now the tenant is able to park right by the street. I would call that a change in circumstances.
Is it a busy road? Is there a lot of foot traffic around? Is it in a good neighborhood? How much does she pay a month? How long has she been a tenant? Would you mind seeing her leave? Is she young/in good physical condition?

There are a lot of factors involved here, but I'm thinking this is just the cost of doing business. You have done it previously and likely will have it taken care of in future years.
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Old 10-15-2014, 11:42 AM
 
522 posts, read 991,752 times
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My lease has a clause that driveway is my responsibility while the sidewalks/walkways are landlord's responsibility. Landlord stays in a different house.
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