What is my recourse as a month-to-month tenantregarding a landlord who does not plow snow from the driveway?
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What is my recourse as a month-to-month tenantregarding a landlord who does not plow snow from the driveway?
I rent a cottage month to month in the mountains on the same property as my landlord. She is frequently gone in the winter and does not bother to hire anyone to plow the snow from our very long and steep shared driveway. This often means I am trapped inside my home and sometimes outside as well since I cannot park my car or even leave the property. It has also caused the heating fuel deliveries to be delayed as the tank driver cant get up the driveway. Neither can emergency vehicles for that mater. What is my recourse? I should also add that I am on disability
Asked on January 21, 2012 under Real Estate Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You first need to read your written lease to see if the landlord is required to have the snow plowed during the winter at the rental at her cost in that the written lease controls the obligations that the landlord owes to you and vice versa in the absence of conflicting state law.
If the lease requires the landord to clear the snow, then you need to press the landlord to do so and if she fails to do so, you do it yourself and debit the costs from the monthly rental for the following month.
If the lease is silent as to whose obligation it is to get the snow plowed or states that it is the tenant's obligation, then it is your job to get the snow plowed.
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