Plowing

Want2Move · #1 03-18-2007, 10:01 AM

I am in NH. We recently got a 5 family building. (long story wasn't prepared for it etc) so we are finding our way as problems arise.

A huge issue we are having is with getting the tenants to move their vehicles so that the two driveways (one on each side of the house) leading to a parking lot in the back can be plowed. A letter was issued at the beginning of the winter informing tenants that the plower we contracted planned on being at the property by 6am and to have their vehicles moved, if they did not move the cars and the plow had to come back a second time the person responsible would then be immediately responsible to pay for the second visit.

The last storm one of the tenants didn't move her vehicle for a number of sob story reasons. (This particular tenants has both of their vehicles parking in one of the driveways as per an oral authorization) I told them fine this one time it was ok for them to shovel out and we would be over in a day to check and make sure the access was there and if it wasn't and we had to have the plow come back they would be charged. All was well and good they shoveled and it `was fine.

Now we just had a storm this past weekend and the same tenants didn't move their vehicle. This time the plow truck needed to use that drive way to get in to the back parking area. I left a message on their answering machine and received a call back several hours later from the tenant who was now irate, yelling and swearing at me that he didn't have to move his car. He went on and on how they didn't move it last time, how the plow driver told him it was ok not to, how the plow guy was supposed to backdrag behind them and he wasn't paying me any bleeping money for the plow truck to come back. I told him that in the letter he got and that he verbally acknowledged and agreed to stated move your car or pay. He said that the letter said to move car by 6am, but he waited til 10am and no one showed up so they left for the day and left one of their cars in the driveway. Then they went on and on about how they will shovel and how a relative is a plower and they will have them come and do it. I said NO to both.

I have heard that other landlord have cars towed in these cases ~ is this legal ? If it is I am thinking of writing certified letters and posting in the building hallway (as per our lease agreements) that as policy for the building, there are no Assigned Parking Spaces and that during a storm the vehicles must be moved off the driveways and out of the parking lot at the time any city parking bans are lifted until such time as the hired snow plow arrives and clears the area, if you dont move your vehicles they are to be towed at their expense. I feel like I am being overly authoritative but this is getting out of hand and I am getting really upset over having these people that rent from us calling me up and screaming and swearing at me.

Or is is there a better way to handle this ?? This is the 3rd time this year that there have been problems with people not wanting to move a car. With 5 apartments it is pretty critical to make sure that everyone can park and not be snowed out cuz of one person.

Sorry this is so long. Thanks for the help

Hot Topic · #2 03-18-2007, 12:20 PM

Obviously, you shouldn't be giving anyone oral authorizations for anything. "Give some people an inch, and they'll take a mile," as the saying goes.

I'd consider sending each tenant a certified letter, return receipt requested, along with copies of previous correspondence on the matter. I'd state why it's necessary to move the cars the same way you did in your post. I would add that it is not permissible to bring in a third party to do the plowing for reasons of liability. If the relative should happen to run his plow into somebody's car, guess who would probably be sued?
If the tenant had a heart attack shoveling snow, with his sense of entitlement, he'd probably go after you.

You might want to give them 30 days notice, but in any case, I'd make it clear that vehicles that were not moved would be towed at the owner's expense. If the certified letter to your troublemaker comes back unopened, don't open it. Leave it as evidence if the tenant tries to go after you if you have to tow his vehicle.

JETX · #3 03-18-2007, 01:12 PM

Hot topic is pretty close... send TWO identical notices... one by certified RRR and the other by regular first class mailing. Refer to the 1st class in your certified:
ie: "This notice is being sent by 1st class mail and by certified RRR..."

Make it simple... explain why you are having to do this (plowing for the benefit of all), and that the plowing will be done at (insert date and time normally scheduled), and close with any vehicle found blocking access to the area will be towed at owners cost.

Alaska landlord · #4 03-18-2007, 01:38 PM

I’m just curious, since there are no assigned parking places. Don’t you have complaints about tenants not finding a place to park on weekends? Where do tenant Guests Park? I have a similar parking situation, but if my tenants don't move their cars, the plow guy will sometimes seal them in. They then have to dig themselves out. there is no excuse since I post a notice in both front and back door that the plowing will be before 2:00 pm Once in awhile I get an angry call, but I let them know where the shovel is.

Cvillecpm · #5 03-18-2007, 01:44 PM

Check your "locality's" rules on plowing and shoveling of walkways - must be done at 3" or whatever - THEN check with your plowing service regarding your options.....it may be that you need to amend your lease and provide information on who tenants can determine if their cars need to be moved.

Frankly, letting them did themselves 1X may be worth it to "cure" the attitude. The "plow" driver should not be discussing ANYTHING with your residents. This is a discussion you need to have with the plow service manager or owner.

Want2Move · #6 03-18-2007, 05:04 PM

thanks for the responses.. to answer the ?s posed so far we are not running into problems with tenants finding the spaces ~ the problem is one tenant who has just started blocking the entrance/exit to the drive way so no one can get out. The town we are in allows for on street overnight parking as many of the apartment building do not have any parking areas so guests are required to park on the street and never in the lot.

I did talk to the plow man and he spoke to them that one time I let them make an exception and said he would back drag behind them to help them out. The tenants are very young and as i was told quite loudly last night you let us do it last time so we are just not going to move the vehicles anylonger. Which is what has gotten me into this mess.

So it sounds like two letters, check the city regs, amend the lease.

I just got off the phone with them and they are now complaining at me that they had to shovel their car out and there are no spaces out back for them to park because it isn't plowed and are absolutely astounded that the truck has not been back today to remedy this now that they moved the car.

Cvillecpm · #7 03-18-2007, 05:30 PM

Advise tenants that they missed their opportunity to get their car out by not relocating it when they had the chance - like when the weatherman told them it would SNOW or when they first saw flakes.

Alaska landlord · #8 03-18-2007, 05:31 PM

They sound like tenants you don't need. If on m2m, then get rid of them. If not, work on it.
I would make all communication in writing and demand the same. Start a paper trail.

Want2Move · #9 03-19-2007, 09:29 AM

A great idea thank you, I will put everything in writing from today on. I have placed several calls today already to get the ball rolling on taking care of this in a legal manner that takes everyones rights into consideration. Unfortunately these people are only a couple of months into a year lease ;( so we have awhile to go with them.