Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I share a road that is suppose to be maintained by the

Customer Question
owners of the property....
I share a road that is suppose to be maintained by the owners of the property. I own my house and have a document stating that it is the responsibility of all landlords to maintain the road. The asphalt is so bad that the renters can barely get to their property and it is damaging our cars. I am quite willing to pay my part but the owners live in Florida. The managers of the apartment building is unwilling to do anything and I can't contact the owner of the house or it's manager. What do I do?
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 8 minutes by:
2/26/2016
Lawyer: legalgems, attorney replied 2 years ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,864
Experience: Just Answer consultant at Self employed
Verified

What state is the property at issue located in?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
I live in Asheville NC.
Customer reply replied 2 years ago
I live within the city limits but the city calls the road a private road even though there is two houses and a five unit apartment building on the property.
Lawyer: legalgems, attorney replied 2 years ago

The document is presumably a Private Road Maintenance Agreement?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
the document is the Chicago title agreement when I bought the house
Lawyer: legalgems, attorney replied 2 years ago

So presumably a covenant signed by the other owners correct, or included with their plot of land - typically the road will have adjoining property and they are all obligated pursuant to a written agreement, covenants, HOAs, etc?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
No, I had to get the name of the other owners from the tax department. The renters have changed many times. I bought the house in 1996.
Lawyer: legalgems, attorney replied 2 years ago

OK; thank you.

It is the property owner, not the tenant, that is responsible for the upkeep of the road. Generally there is a legal document that is in place that requires the owners to contribute to its maintenance. This can be via an oral or written agreement, a covenant, a Homeowner's association agreement, etc.

If there is no agreement/deed restriction or other formal arrangement, then any agreement needs to be mutually agreed upon by the parties.

There are a couple of options involving assessments, where the county will get involved and assess the property owners, but this requires approval by at least 2/3 of the current owners (owners, not tenants). (for specifics, please see: file:///C:/Users/Generic/Downloads/B_private_road_maint.pdf)

If there is in fact an agreement, deed restriction etc, the party trying to force the maintenance/repairs can bring a lawsuit seeking a declaratory judgment, and requesting a monetary judgment to pay for the repairs. This can be brought in small claims if the damages are less than $10,000 - http://www.nccourts.org/courts/trial/sclaims/ ( a link on the left of the URL is to the small claims guide)

Since the non resident owners own property in the state, the state's courts may exercise jurisdiction over those owners, and if a judgment is successfully obtained, a lien can be placed on the property.

Since owners of property may be liable for civil damages if injuries or property damage occurs as a result of a failure to maintain a road, it is generally beneficial to all owners to at least agree to minimal repairs.

Thank you for using Just Answer.
I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly
-Rate Positively-
This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.

Thank you and take care!

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,864
13,864 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Esq. - This is a question regarding heat requirements in my
Dear Lucy, Esq. -This is a question regarding heat requirements in my two rental units.I live in San Francisco, CA. I live in a single-family home. I have a renter downstairs in a downstairs studio. A… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Please help. I'm dealing with an upstairs neighbor who
Please help. I'm dealing with an upstairs neighbor who refuses to cover her apartment with 80% carpet/padding. She at the most has an area rug. I have notified management several times over the past 3… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,932 satisfied customers
We had a large wind storm in our town. My car was parked
Hi - We had a large wind storm in our town. My car was parked outside at the apartment complex where I live. The building is about 3 years old, but roof shingles ripped off the roof and caused damage … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
Friends apartment building had a small fire today. it set
friends apartment building had a small fire today. it set off the sprinklers and there is water damage to his apartment. It would seem obvious to me that the building s policy would naturally cover an… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
On Friday morning approximately 11 am a water hose burst in
On Friday morning approximately 11 am a water hose burst in the apartment above me. As a result of this water was pouring from the light fixtures in one of the bedrooms and the kitchen. Also, water wa… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
I'm a renter in NJ in a apartment building where the apartment ma
I'm a renter in NJ in a apartment building where the apartment management pays the heat.The water pipe burst due to freezing weather and the water pipes burst causing severe water damage. I do have re… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a 3 year resident at an apartment where the sidewalk in
I am a 3 year resident at an apartment where the sidewalk in front floods up to the first step every time it rains. In the South, we are going into our Winter rainy season and my building residents wa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
Breaking a lease for a privately owned rental property: Our
Breaking a lease for a privately owned rental property: Our landlord doesn't want to allow my family to break our lease, which expires in March 2015. However, the term of the lease says that "prior to… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
1)How often should apartments be renovated and repainted?
1)How often should apartments be renovated and repainted? 2)I understand that my landlord can require renters insurance, but can they require me to list them as an Additional Interest on my policy tha… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I had a sprinkler break in my apartment one of the bedroom
I had a sprinkler break in my apartment one of the bedroom (Charlotte NC), they say bad weather caused it. The people who came in to work have put all my stuff into boxes and they were books clothing … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
1. Manager tells one of her friends in the building to turn off the lights in main entranc
1. Manager tells one of her friends in the building to turn off the lights in main entrance hallway at 7 pm. If you come home after that you are in the dark 2. Dog poop are left in hallways, managemen… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
Im in NY, NY: I live in a small Rent stabilized building.
I'm in NY, NY: I live in a small Rent stabilized building. The building is owned by a family in the area and they rent all 8 apartments in the building. I am not sure, but believe it's a good assumpti… read more
Troy7141
Troy7141
In-house Counsel
Juris Doctor
78 satisfied customers
My apartment building is repaving its courtyard, which provides
My apartment building is repaving its courtyard, which provides future resident parking, access to amenities, entry to the parking garage, and also holds 5 apartments (4 of which have no choice but to… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have just purchased a new home in Tucson, AZ and intend to
I have just purchased a new home in Tucson, AZ and intend to live in this home and rent out 1 or 2 rooms on Airbnb.com for short-term guests, or medium-term (6-9 months) to grad students. Does the lan… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
A pipe burst and flooded my rent house. Is the landlord iiable
A pipe burst and flooded my rent house. Is the landlord iiable for the damage to my property?… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I moved into a rental property a little over 4 months ago at
I moved into a rental property a little over 4 months ago at the beginning of February. I have one house cat, who never steps a foot outside or even onto the enclosed patio. When I was shown the apart… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hi, I just moved into my current apartment March 1st. Yesterday,
Hi, I just moved into my current apartment March 1st. Yesterday, the landlord called to meet and with me and instantly started to yell and tell me that people have been complaining about my loud behav… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,932 satisfied customers
I recieved a notice from my landlady roughly a week ago
I recieved a notice from my landlady roughly a week ago notifying me that on February 1st it would be necessary to enter all apartments in the building so the L.A. Housing Dept. could inspect each. I,… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x