What recourse do I have against a landlord who doesn’t remove snow in a “timely manner”?

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What recourse do I have against a landlord who doesn’t remove snow in a “timely manner”?

Landlord is responsible for snow removal. Landlord outsources snow removal with a separate 3rd party company. The 3rd party company removes snow between 4 p.m. – 7 p.m. after more than 3-inches of snow fall. Unfortunately, I do not own a 4-wheel drive vehicle and I work standard 7 a.m. – 4 p.m. hours. I was unable to get out of the lot this morning and my vehicle got stuck. A co-worker picked me up on the street. This doesn’t seem acceptable to me. Today the snow removal company came at 6:16 p.m. What recourse do I have to insure snow removal is done in a “timely manner”?

Asked on February 2, 2011 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, cities and counties require the removal of snow not after a certain number of inches have fallen - although that can be the basis of an ordinance I am sure - but within a certain time after the snow has stopped falling.  This does not, though, normally apply to private property such as the lot.  But I am thinking: doesn't the failure to remove the snow within a timely manner as supported by the facts here interfere with your warranty of habitability under your lease?  Your leasehold provides parking, correct?  Assumedly ou chose to reside here based in part on the parking provided.  So your failure to use the lot would hamper your rights under the lease.  I really do not know if this argument would fly with a judge but I would think that you could try it.  And keep on sending formal, written complaints. Good luck.


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