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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Im wondering what my rights are regarding the

Customer Question

I''m wondering what my rights are regarding the timing of plowing the driveway to the apartment I rent. I need to leave for work and school in the morning and I also need to be able to get back into the house by 3pm in the afternoon but the plow person doesn''t plow until 6pm. I have asked the landlord to reschedule the plowing but he said, "This is the way it''s always been". They are unwilling to find a new person to plow so I don''t know what to do. This is about my needs which the landlord has not intention of meeting. I would find a new plow person myself but the landlord won''t switch. I suggested that they allow the plowing to be part of the renter''s responsibility and reduce the rent that month by the cost of the plowing, he said, " if you don''t like the way it is here you are welcomed to move". The tenant''s downstairs have vehicles that move through the snow much easier than mine so they aren''t complaining. What are my options?
Submitted: 6 years ago.
Category: Legal
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- So long as the drive is being plowed within a reasonable time of the snowfall you really can't control the situation. You probably don't even have a right to break your lease but if your landlord is willing to allow you to move then you can do so. I understand your frustration but since you don't own the property you can't dictate the policy on maintenance.

Your suggestions sound reasonable but the landlord is not obliged to accept these proposals.

David Kennett - JD - Attorney at law

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 16 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
What if it get's in the way of me being able to get my son to school,and myself to school and work? How can that be legal? He is impacting my ability to support myself and get my son to school. Where I live the schools often have two hour delays so my son is supposed to go to school on those days by 10am. If I'm not plowed out by 6pm then I can't get him there. How can that be legal? What about the legality behind the landlord's requirement to meet reasonable needs of their tenants?
Expert:  Dave Kennett replied 6 years ago.

You can argue that, however your claim would be as a breach of your lease and your remedy would be to move. There's just no way to force him to plow snow when you want it plowed since I would presume that everyone wants their snow plowed at the same time which is impossible. There's nothing "illegal" about any of this as there are no actual statutes being violated. If you feel that your needs are not being met then you should notify him in writing that he is in breach of your lease and that you intend to move.

Dave Kennett

Customer: replied 6 years ago.
Dave,

Thanks for your answers and I get the point that I am at the mercy of the landlords needs not mine but why is it that the tenant is the one who has to suffer in this kind of situation and the landlord gets to continue to treat his tenant's like second class citizens. I'm sure if he needs his driveway plowed in the morning, it gets plowed.
This seems like discrimination. I would never treat my tenants like this. I would want them to feel like any of their reasonable needs were as important as mine. Sorry to vent but I just don't understand how things can be this way.
Expert:  Dave Kennett replied 6 years ago.

I completely agree with you but I have to give the answers from a legal perspective, not my own opinion. One thing you may want to consider the next time you sign a lease is to spell out in the lease anything you specifically want the landlord to do so you have some power to enforce your wants and needs. Thanks for using our service and have a Happy New Year. Spring can't be far away!

Dave Kennett

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