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  1. #1
    Join Date
    Dec 2008
    Posts
    4

    Default Who Removes the Snow

    My question involves landlord-tenant law in the State of: Oregon

    I live in aparments on a hill that is pretty steap. For a coupld of days its been snowing. Most of people who live in the other appartment can't get out because there is to much snow, even to the point where people try to get out their car's get stuck and brake. I am wondering if it is up to to tentent or people who are living in the apartment to make the road clear so that people can get out and not get stuck or is it up to mangment to get someone to plow the snow so the roads will be clear for them ?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Who Shovels the Snow

    What do you mean by "roads" - a shared parking lot and driveways, or roads outside of the complex? Normally when there is a shared lot and driveway, the landlord is responsible for clearing the snow. For sidewalks or driveways used only by a single unit, it depends on the lease terms. Public roads, though, aren't the landlord's problem.

  3. #3
    Join Date
    Dec 2008
    Posts
    4

    Default Re: Who Removes the Snow

    its the drive way of the hole apartment complex. So is it the landlord responsiblity?

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Who Removes the Snow

    what does your lease say regarding snow removal?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Who Removes the Snow

    Quote Quoting gigirle
    View Post
    what does your lease say regarding snow removal?
    I'm betting it doesn't say anything about it.

    I know Portland Oregon is experiencing the worst snowfall in 30 years or so. They typically do not have enough snow to consider snow removal so this year, they are really really lost, and stuck.

  6. #6

    Default Re: Who Removes the Snow

    I am curious about this issue as well. My apartment complex is built into the side of a steep hill (including personal ski ramp from the main level to the top level), with only one entrance/exit.

    When the snow began, I saw two guys scraping the sidewalks. That lasted for the first hour or so. On day one. Since then, NOTHING has been done to keep the snow under control. No sanding, salting, shoveling, or plowing. As of Christmas Eve we had 18 inches of accumulated snow in the parking lot. No one could get up the hill to the hill-top buildings. The only people who could get INTO the parking lot at all had lifted pickups and 4-wheel drive. There was no parking available in the entry by the office for anyone to get in, forcing tenants to resort to parking on the sidewalk on the main street to get home. Emergency vehicles could not have gotten into the driveway and then around in the main parking lot, much less have gotten up the hill to the second level. When I spoke with the manager, she said the soonest they would be out to clear the snow was Christmas Day or Dec 26.

    As of today, Dec 27, there has been no shoveling, no plowing, and no sanding/salting, etc to clear the sidewalks. Parking stalls are ONLY clear if you had your vehicle parked there when the snow started.

    This means I was unable to access my apartment for TWO WEEKS.

    I am curious about what the landlord-tenant laws state about this kind of situation. Mine was not particularly bad (other than royally hacked off cat not getting fed), but I have several neighbors who are disabled and have been unable to get groceries.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Who Removes the Snow

    this is the closest I can find that would seemingly apply:

    (f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;
    remedy:

    90.360 Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally. (1)(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with ORS 90.320 or 90.730, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after delivery of the notice if the breach is not remedied in seven days in the case of an essential service or 30 days in all other cases, and the rental agreement shall terminate as provided in the notice subject to paragraphs (b) and (c) of this subsection. However, in the case of a week-to-week tenancy, the rental agreement will terminate upon a date not less than seven days after delivery of the notice if the breach is not remedied.
    there is more here:

    http://www.leg.state.or.us/ors/090.html

    Snow is not typical in the western area of Oregon until you get east of where you are (at least from what I remember and what my relatives tell me) so snow clearing equipment is most likely not running alll over like it does here in Michigan and the guys that do have snow removal equipment are most likley running as many hours a day as they can trying to catch up or keep up since it snowed a few days ago. You guys got dumped on worse than you have in a very long time. I believe that is one of the situations where you have to accept this is not a typical situation and it will get remedied as quickly as it can.

    it appears you will be above freezing all week and you are getting or going to get rain so hopefully it will melt away this week.

    I'm told all they did in Portland, for the most part, was through gravel on the roads.

    as to not getting into your apartment for 2 weeks; walking is impossible?

  8. #8
    Join Date
    Dec 2008
    Posts
    4

    Default Re: Who Removes the Snow

    yes, we don't get hit as hard as michigan but people do get hit with snow in oregon. This year the snow has been the hardest in years. We have had a similar dump a year ago in 2007, and in 2004, and the year( I believe) before that except it was snow that turn in to freezing ice. Walking is possible for people a) not disable b)have shoe's that sustain a friction with the snow. The question is shouldn't the mangement have some type of equpiment for this type of situation? because even though its not typical oregon weather but it is something that have we have seen before in oregon. Plus aren't they suppost to make it safe for their tenten? because it tenically not safe because even if there was an emergency the people wouldn't be able to get to people because the place hasn't been blowed or sand or shovled .

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Who Removes the Snow

    Landlords in Michigan typically do not "have some type of equipment for this type of situation" - they typically hire a service.

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