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The poster doesn't say the landlord wants the driveway shoveled - it's the downstairs neighbor that wants it done.
Regarding the sidewalk, it's the tenants' responsibility in this whole house rental to keep it clear. The tenants are renting the entire premises and take on the responsibility of maintenance on the exterior as well the interior unless it's stipulated in the lease agreement that the landlord will be responsible.
If the tenants decide not to clear the sidewalk and someone falls, then more than likely the landlord will be sued, since he/she is the owner of the house. Then the landlord will turn around and sue the tenants for negligence.
Why is he referring to her as "my neighbor" instead of "my roommate?"
That is why I thought they were SEPARATE tenants in SEPARATE apartments with SEPARATE leases in a multi-family dwelling, not people sharing a single-family dwelling who leased the whole thing together like a family does.
John is not renting the entire house like your tenants were. Just an apartment in it.
If I were renting an entire house, I would expect to take care of those things like I would expect to put oil in the tank for the heat or pay the gas heat bill. I wouldn't expect it to be standard procedure for a multi-family house, whether or not the LL lives there.
I know some owners of legal two and three families and they usually chose one tenant to do that stuff (with money off the rent in return) or had their landscaping company do the snow removal at the rental properties just like they did lawns, etc., during the warmer months.
It all comes down to what's in his lease. And we can't possibly know what's in it.
Regarding the sidewalk, it's the tenants' responsibility in this whole house rental to keep it clear. The tenants are renting the entire premises and take on the responsibility of maintenance on the exterior as well the interior unless it's stipulated in the lease agreement that the landlord will be responsible.
If the tenants decide not to clear the sidewalk and someone falls, the tenants will be held responsible for their negligence if it's their responsibility to clear the snow.
The injured party would go after the tenant (who has little) the landlord (who has something) and the village or Town for not enforcing their code.
My LL now says I'm responsible for removing snow from my walkway and driveway, is that legal?
It ain't going to remove itself.
You're the one using the walkway and driveway, if you want it cleared, then you ought to do it. If you'd rather trudge through the snow, don't worry about it.
I lived in an apartment in a house converted into 4 apartments and the landlord had the drive way plowed (actually usually did it himself with his pick-up) and I shoveled my own pathway and car out. There were no sidewalks to worry about. There was no formal arrangement, but it worked well for everyone involved. I guess its kind of like if you want to get out of the house and not have ice on your pathway for the next 2 weeks you'll shovel it clear.
What if a piece of a low flying airplane fell on to the property of the L.I. railroad and hit an illegal alien ? Now the train will be delayed and you won't make it to the Pine Barrens in the dead of winter? Would you be happy or pissed off?
Bottom line go out and shovel...don't be a lazy ass
I was doing that, in the past couple of times I shoveled the driveway, the rear door path for the downstairs tenant, and the sidewalk. But I wasn't timely enough for her so she took it upon herself to shovel or pay others, and now won't lend me her shovel so I can do it.
Since I've been living here I've been doing as much shoveling as I can, shoveling paths for herself and I usuallu within 36 hours of the end of the storm, but it hasn't been good enough.
I was all set to shovel today, and the downstairs tenant wasn't pleased with my performance "over the years" and it was "no shovel for you".
So now the driveway and sidewalk are covered in snow, and all the stores are sold out of shovels.
Basically she felt I hasn't been keeping up with my part of the shoveling over the years and had enough.
She's the kind of women who expects me to be the "man of the house" I guess, even though we're not married. No wonder why she doesn't have a boyfriend...geesh
You're the one using the walkway and driveway, if you want it cleared, then you ought to do it. If you'd rather trudge through the snow, don't worry about it.
I got boots so it dont bother me, but the downstairs tenant feels otherwise. I usually always shoveled a path, but it's usually "too little, too late".
Last edited by Johninwestbury; 01-27-2011 at 07:41 PM..
Why is he referring to her as "my neighbor" instead of "my roommate?"
That is why I thought they were SEPARATE tenants in SEPARATE apartments with SEPARATE leases in a multi-family dwelling, not people sharing a single-family dwelling who leased the whole thing together like a family does.
The leases are seperate and these are seperate apartments.
Sometimes in multi-family houses where the LL does not live on the premises one tenant will get it in the lease and also get money off the rent for snow removal, mowing the lawn, putting out the trash cans and taking them in, etc.
It sounds like you and the neighbor have been sharing the responsibility, so the LL is used to it being this way. Why does she expect you to shovel the driveway when you don't have a car?
TIP: Never spoil a landlord or they get used to it and then suddenly "it was in the lease!"
As for the sidewalk, you and your neighbor can be stubborn and not do it and if anything happens to anyone, the LL (and his homeowner's insurance) is liable.
But if it were me, I would just do it for general convenience and safety for myself and others. Especially if I am already out there shoveling the paths inside the property line anyway.
According to what I've been told the lease says tenants are responsible for clearing the snow. I have no problem shoveling, actually, but my downstairs neighbor isn't pleased with my performance.
It's just a shame how some ppl can just turn on you for apparently no reason. I'll just buy my own shovel (when the stores get them back in) and do my own path and she can do hers. As far as the sidewalk, unshoveled walks are a PET PEEVE of mine so I have no problem doing that as well.
She's on her own with the driveway and her car from now on.
I was doing that, in the past couple of times I shoveled the driveway, the rear door path for the downstairs tenant, and the sidewalk. But I wasn't timely enough for her so she took it upon herself to shovel or pay others, and now won't lend me her shovel so I can do it.
Since I've been living here I've been doing as much shoveling as I can, shoveling paths for herself and I usuallu within 36 hours of the end of the storm, but it hasn't been good enough.
I was all set to shovel today, and the downstairs tenant wasn't pleased with my performance "over the years" and it was "no shovel for you".
So now the driveway and sidewalk are covered in snow, and all the stores are sold out of shovels.
Basically she felt I hasn't been keeping up with my part of the shoveling over the years and had enough.
She's the kind of women who expects me to be the "man of the house" I guess, even though we're not married. No wonder why she doesn't have a boyfriend...geesh
OMG. She sounds nuts! Won't lend you her shovel as she has done for every other occurrence of snow, but is mad you are not shoveling.
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