[realaw]

The question of snow removal pertains to a dental practice located in Herndon, VA. The practice is in a strip mall and the parking lot is not usable because of the recent snow in the area. Other parking lots that neighbor ours have been cleared which includes parking for a Kmart within our mall. A conversation with the owner's representative has proven pointless and it was suggested that we close the practice until the situation is resolved. That is unacceptible as we have medical emergencies and other time sensitive situations to manage. What is our recourse?

[JudyKayTee]

What does your lease say and this is an extraordinary event in your area?

You can always pay to have the lot plowed and then sue the owner for the cost - if what you are requesting is not unreasonable.

[realaw]

The problem is that it is a large, U shaped parking area and no business owner has assigned spaces. If I had the area closest to my practice cleared, there is no assurance that my patients would benefit. The entire area is easlily the size of a football field and the cost would be great. Thanks JudyKayTee.

[ScottGem]

So go to the other tenants, band together to hire a plow and then sue the landlord together.

You didn't answer what your lease says. This is probably an unusual event for your area and the landlord may have not made any provision for plowing. You also need to check the local dept of traffic about plowing responsibility.

[realaw]

I don't have the lease in hand, but the landloard does have that responsibility and has made efforts to clear in the past. I have been in that space for years. It is clear he wishes to avoid this expense and I will be making some calls.

[ScottGem]

If the lease requires it and you can show previous actions, then you can sue if he doesn't. You can sue for lost income etc.