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JessicaMarie917 · Dec 1, 2007, 01:40 PM

I live in a Duplex Apartment in Upstate New York, meaning I have one neighbor. My lease states that snow removal is the responsibility of the tenant. This means that to get my VERY long driveway plowed, we have to hire someone to plow it and split the cost with the neighbors. Is this legal? What if my neighbor doesn't give me half the bill? What if they decide they don't want to pay for it at all? Doesn't that present an issue? Doesn't this fall under a New York State Law Multiple Dwelling provision or something? Thank you for your help.

charlotte234s · Dec 1, 2007, 01:43 PM

Are you sure your neighbor won't pay? Discuss it with them first, get a price from the snow removal company, collect their half from the neighbors, and then get it plowed. If they won't pay you, discuss it with your landlord.

JessicaMarie917 · Dec 1, 2007, 01:45 PM

Nono, they are MORE than willing to pay. I am speaking hypothetically. My question is: "if there are two or more tenants sharing a driveway, isn't it the responsibility of the landlord to provide snow removal?"

It is stipulated in the lease that I take care of snow removal, but I was wondering if it is legal considering we share the driveway.

charlotte234s · Dec 1, 2007, 01:47 PM

I'm not sure if would be illegal, but it could present some conflict between the neighbors, so yeah I see what you're saying. I'm not sure if there's legislation about it, but I can imagine there might be.

RubyPitbull · Dec 1, 2007, 03:12 PM

Originally Posted by JessicaMarie917

My question is: "if there are two or more tenants sharing a driveway, isn't it the responsibility of the landlord to provide snow removal?"

It is stipulated in the lease that I take care of snow removal, but I was wondering if it is legal considering we share the driveway.

It is perfectly legal. It was stipulated in the lease. You signed it. By signing the lease, you agreed to the condition. I know, kind of stinks but that is the way the law works.

Cvillecpm · Dec 1, 2007, 03:15 PM

You can sue the neighbor in small claims - you should have an agreement on snow removal * who calls, who pays, etc. * easiest way is to rotate/alternate as required.

ballengerb1 · Dec 1, 2007, 03:52 PM

It is totally legal to require you to shoulder the cost of snow removal. You neighbor likely has the same stipulation. If you both agree everything is peachy but if the neighbor says no you must decide to handle it yourself or not have it plowed. You can't force the other person nor deny them access to the driveway.

RubyPitbull · Dec 1, 2007, 04:07 PM

Originally Posted by ballengerb1

It is totally legal to require you to shoulder the cost of snow removal. You neighbor likely has the same stipulation. If you both agree everything is peachy but if the neighbor says no you must decide to handle it yourself or not have it plowed. You can't force the other person nor deny them access to the driveway.

You are right that if it is a duplex, more than likely the neighbor has the same stipulation in the lease. I think you can pretty much bank on that. There was a method to the landlord's madness here. He/she purposely put that into both leases to avoid the issue. As is his legal right if the tenants agrees to that condition. However the tenants work it out between them is not the landlord's responsibility. Therefore, the neighbor is as legally obligated as Jessica to remove the snow, per the lease. Of course she can't force the other person or deny them access, but she certainly can sue them for half the cost if the other tenant refuses to shoulder any of the financial burden. But, it doesn't look like Jessica will have to go that route. They seem to be in agreement. Hey Jessica, here is another thing that will really blow your mind: if that little clause was in your lease and NOT in your neighbor's lease, guess who would have to shoulder the entire cost of plowing? Yep. You. A person in that position could always sue for half the cost, but they don't have as strong a case as two neighbors with the same clause in their lease agreement.

ballengerb1 · Dec 1, 2007, 04:25 PM

It gets even messier. Snow removal does not mean paying to have someone do it, its just that you need to remove it. If one person want to pay a plow and the other says hey lets get out shovels, guess what happens there? When does it have to be done 2", 3" or 4" the two parties may not agree when removal is warranted. The landlord was dodging a bullet with his wording. Nobody will have a strong case if they want to sue unless they can answer all of my hypothetical questions.

JudyKayTee · Dec 2, 2007, 03:01 PM

Originally Posted by JessicaMarie917

Nono, they are MORE than willing to pay. I am speaking hypothetically. My question is: "if there are two or more tenants sharing a driveway, isn't it the responsibility of the landlord to provide snow removal?"

It is stipulated in the lease that I take care of snow removal, but I was wondering if it is legal considering we share the driveway.

No, it is NOT the responsbility of the landlord to provide snow removal if there are two or more tenants.

That's why it's in your lease!