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    SWSmith0's Avatar
    SWSmith0 Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 9, 2008, 09:09 AM
    Renter's Snow Removal/Vehical Rights in Illinois
    Hi, everyone;

    Here's my situation. I'm looking for some advice, please.

    I live in Lake County Illinois, where I rent an apartment in a building with a parking lot. We currently have about 14 inches of snow on the ground that caused my wife and I to miss two days of work. We own two vehicles, but usually only drive one because we carpool. It took us about two hours to clear and free our primary vehicle from the snow so we could drive it, so we weren't about to mess with the other car. We wanted to just wait until it thaws before we bother trying to drive it.

    Here's a link to a picture of how deeply entrenched this car is in the snow.


    Yesterday, I we got a lovely little form letter that went out to every tenant in the complex, stating that the landlord is unhappy about cars that haven't been moved recently. He states this is causing difficulty with snow removal, and he is threatening to tow (at the tenant's expense) any vehicles that have not been moved by next week.

    I reviewed my lease and there is no mention of snow-removal responsibility one way or the other. The only mention of vehicles is that non-working vehicles will be considered "stored" and towed at the owner's expense. Nothing requiring my vehicle to be moved every X number of days.

    Here's where I stand: I did not agree to participate in snow removal. I haven't complained because I don't need to drive this vehicle, but I am not going to buy a snow shovel and dig that car out. I also have not signed anything that gives the landlord to tow my vehicle at will.

    If the landlord refuses to remove the snow, and still insists the car will be towed if I don't move it, what recourse do I have?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Feb 9, 2008, 09:28 AM
    Quote Originally Posted by SWSmith0
    Hi, everyone;

    Here's my situation. I'm looking for some advice, please.

    I live in Lake County Illinois, where I rent an apartment in a building with a parking lot. We currently have about 14 inches of snow on the ground that caused my wife and I to miss two days of work. We own two vehicles, but usually only drive one because we carpool. It took us about two hours to clear and free our primary vehicle from the snow so we could drive it, so we weren't about to mess with the other car. We wanted to just wait until it thaws before we bother trying to drive it.

    Here's a link to a picture of how deeply entrenched this car is in the snow.


    Yesterday, I we got a lovely little form letter that went out to every tenant in the complex, stating that the landlord is unhappy about cars that haven't been moved recently. He states this is causing difficulty with snow removal, and he is threatening to tow (at the tenant's expense) any vehicles that have not been moved by next week.

    I reviewed my lease and there is no mention of snow-removal responsibility one way or the other. The only mention of vehicles is that non-working vehicles will be considered "stored" and towed at the owner's expense. Nothing requiring my vehicle to be moved every X number of days.

    Here's where I stand: I did not agree to participate in snow removal. I haven't complained because I don't need to drive this vehicle, but I am not going to buy a snow shovel and dig that car out. I also have not signed anything that gives the landlord to tow my vehicle at will.

    If the landlord refuses to remove the snow, and still insists the car will be towed if I don't move it, what recourse do I have?

    In my opinion if the lease is silent on snow removal - which I think you are saying it is - your landlord is plowing the lot out of his own sense of responsibility, not by any contract with you. He does not have to do so.

    Rather than get into this whole argument isn't it easier to buy a shovel and dig your car out - or let him tow it and then take him to Small Claims Court and attempt to get reimbursed for your expenses.

    I own rental property and this is a constant argument - tenants want the lot plowed but aren't willing to move their cars so the plow can do a good job. Then they get plowed in and demand that I come and shovel them out!

    Sometimes you have to realize it's Winter and some cooperation wouldn't hurt anybody.

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