I live in an apartment and we all have assigned parking spaces. One of my neighbors refuses to shovel out his space (he just drives over the snow in his SUV). Normally, not a big deal. But after a while, the snow he doesn't shovel starts to turn into ice and it's really slippery. I've asked him to clear out his space (or at least the space between our cars) because it's dangerous, but he has no interest.
If I, or a family member, slip and fall because of the ice in his spot, who is liable for the accident? Our complex? Or the tenant?
Read the lease you have with the apartment complex. It’s unusual for there to be language requiring tenants to remove snow and ice. If there is no language for such a requirement then the complex is responsible. If there is such language then the inconsiderate suv owner is responsible. In many states there are exceptions for “natural accumulation of snow and ice “. This would mean there would be no time for removal from the weather event till the injury. There is also a well know thaw and re-freeze which occurs when ice and snow are not properly removed. I would suggest you take care of your space and treat the area you need around it enough to get in and out of your car. Keep in mind the re freeze phenomenon and watch for natural flow patterns on the parking lot. This is where the “black ice”May form and extra treatment needed. Thanks for using AVVO and good luck to you.
Please send a certified letter to the tenant and to the property manager and to any board that exists at the complex indicating your concerns. This way if no one takes action and an accident occurs they can't say that they did not know about the potential hazard.
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