Advertise on Bikeforums.net



User Tag List

Page 1 of 2 12 LastLast
Results 1 to 25 of 44
  1. #1
    The Site Administrator: Currently at home recovering from a couple of strokes,please contact my assistnt admins for forum issues Tom Stormcrowe's Avatar
    Join Date
    Mar 2006
    Location
    South Florida
    My Bikes
    Techna Wheelchair and a Sun EZ 3 Recumbent Trike
    Posts
    16,114
    Mentioned
    10 Post(s)
    Tagged
    4 Thread(s)

    I am In PAIN and I got a Violation of lease notice!

    I finally decided that the only way I was going to get out of the apartment was to violate the lease and dig out myself! That's right, it's a violation of the lease to shovel snow as a tenant! Well, I did and also got warned by security! When our lease expires, I'll be looking for a new apartment! I didn't see the clause when I signed it, it's buried in a huge lease. By the way, a question for the lawyers....is that enforceable? I mean, we'd been snowed in for a couple of days and were getting cabin fever. Not getting evicted, it was a warning, but that stinks, we've been here three years and I hate moving.

    Now, as to the pain....I forgot how much you hurt after shoveling snow!
    on light duty due to illness; please contact my assistants for forum issues. They are Siu Blue Wind, or CbadRider or the other 3 star folk. I am currently at home recovering from a couple of strokes. I am making good progress, happily.


    . “He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.”- Fredrick Nietzsche

    "We can judge the heart of a man by his treatment of animals." - Immanuel Kant

  2. #2
    Senior Member Mr. Gear Jammer's Avatar
    Join Date
    Sep 2006
    Posts
    250
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Tom Stormcrowe
    I finally decided that the only way I was going to get out of the apartment was to violate the lease and dig out myself! That's right, it's a violation of the lease to shovel snow as a tenant! Well, I did and also got warned by security! When our lease expires, I'll be looking for a new apartment! I didn't see the clause when I signed it, it's buried in a huge lease. By the way, a question for the lawyers....is that enforceable? I mean, we'd been snowed in for a couple of days and were getting cabin fever. Not getting evicted, it was a warning, but that stinks, we've been here three years and I hate moving.

    Now, as to the pain....I forgot how much you hurt after shoveling snow!
    Shoveling snow does hurt my back, that is why i'd rather stay indoors and watch it melt.
    Tropical pole vaulting is the shiznit.

  3. #3
    The Guadfather Lecterman's Avatar
    Join Date
    Sep 2005
    Location
    Fart Worth
    My Bikes
    Trek, Centurion, Kuwahara coming soon
    Posts
    1,090
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    And they're not shoveling it? That's lame. What do they expect you to do?
    Are you a registered member? Why not? click here to register. Its free, and only takes 27 seconds!
    Help out the forums, abide by our community guidelines.
    "Minor bun engine, made Benny Lava!!!"

  4. #4
    Crazy Like a Daisy CycleMagic's Avatar
    Join Date
    Jan 2003
    Location
    North Carolina, USA
    My Bikes
    Giant OCR-3
    Posts
    1,055
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    that's pretty crazy, Tom.

    hope your back gets to feeling better soon!
    Where am I going?......

    ....and why am I in this handbasket?

  5. #5
    The Site Administrator: Currently at home recovering from a couple of strokes,please contact my assistnt admins for forum issues Tom Stormcrowe's Avatar
    Join Date
    Mar 2006
    Location
    South Florida
    My Bikes
    Techna Wheelchair and a Sun EZ 3 Recumbent Trike
    Posts
    16,114
    Mentioned
    10 Post(s)
    Tagged
    4 Thread(s)
    Well, they are, but they are overwhelmed. Not too overwhelmed for a &%$^ Security guard to hassle me though. You'd think they'd appreciate the help! One of my neighbors is over 80 and had to go to the doctor today, so I dug us out to take him because he was nervous about driving the roads, they are still pretty bad when you get off the Snow Emergency routes.
    on light duty due to illness; please contact my assistants for forum issues. They are Siu Blue Wind, or CbadRider or the other 3 star folk. I am currently at home recovering from a couple of strokes. I am making good progress, happily.


    . “He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.”- Fredrick Nietzsche

    "We can judge the heart of a man by his treatment of animals." - Immanuel Kant

  6. #6
    The Site Administrator: Currently at home recovering from a couple of strokes,please contact my assistnt admins for forum issues Tom Stormcrowe's Avatar
    Join Date
    Mar 2006
    Location
    South Florida
    My Bikes
    Techna Wheelchair and a Sun EZ 3 Recumbent Trike
    Posts
    16,114
    Mentioned
    10 Post(s)
    Tagged
    4 Thread(s)
    Ibuprofen is my friend right now, believe me!
    on light duty due to illness; please contact my assistants for forum issues. They are Siu Blue Wind, or CbadRider or the other 3 star folk. I am currently at home recovering from a couple of strokes. I am making good progress, happily.


    . “He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.”- Fredrick Nietzsche

    "We can judge the heart of a man by his treatment of animals." - Immanuel Kant

  7. #7
    Retro-nerd georgiaboy's Avatar
    Join Date
    Mar 2005
    Location
    Morningside - Atlanta
    My Bikes
    2002 Cannondale Badboy, 2004 Bianchi Vigorelli
    Posts
    1,584
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    What is the penalty for violating the shovel the snow clause?
    Would you like a dream with that?

  8. #8
    The Site Administrator: Currently at home recovering from a couple of strokes,please contact my assistnt admins for forum issues Tom Stormcrowe's Avatar
    Join Date
    Mar 2006
    Location
    South Florida
    My Bikes
    Techna Wheelchair and a Sun EZ 3 Recumbent Trike
    Posts
    16,114
    Mentioned
    10 Post(s)
    Tagged
    4 Thread(s)
    3rd offense = eviction!
    on light duty due to illness; please contact my assistants for forum issues. They are Siu Blue Wind, or CbadRider or the other 3 star folk. I am currently at home recovering from a couple of strokes. I am making good progress, happily.


    . “He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.”- Fredrick Nietzsche

    "We can judge the heart of a man by his treatment of animals." - Immanuel Kant

  9. #9
    Senior member curb hash's Avatar
    Join Date
    Dec 2005
    Location
    Long Island, NY
    My Bikes
    Dahon Espresso, Dawes Deadeye, Fuji Sunfire 3.0
    Posts
    33
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Tom, part of my lease agreement is that I HAVE to shovel when it snows. I live in a four unit building and share the responsibility with a neighbor to clear the East side of my building. Trouble is, I was already nursing back pain from carrying some furniture pieces to be restored yesterday, and upon commencement of today's enormous task I found out why my neighbor's car hadn't moved much in the past two weeks.

    My snow moving partner is an NYC Policeman who was recently involved in a fairly serious accident in his patrol car. I gave him my best wishes for a speedy recovery and (half) jokingly asked him if he had to apply CPR anytime recently.

    As for feeing the painful after effects - ooh ya. My arms are so dead I can barely type this but, then, excreta happens .
    None are so old as those who have outlived enthusiasm.

  10. #10
    pedal head
    Join Date
    May 2006
    Posts
    1,010
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Tom Stormcrowe
    I finally decided that the only way I was going to get out of the apartment was to violate the lease and dig out myself! That's right, it's a violation of the lease to shovel snow as a tenant! Well, I did and also got warned by security! When our lease expires, I'll be looking for a new apartment! I didn't see the clause when I signed it, it's buried in a huge lease. By the way, a question for the lawyers....is that enforceable? I mean, we'd been snowed in for a couple of days and were getting cabin fever. Not getting evicted, it was a warning, but that stinks, we've been here three years and I hate moving.

    Now, as to the pain....I forgot how much you hurt after shoveling snow!
    Your landlord is responsible for the snow clearance within reason. If you cannot even leave due to their negligence you can break the crappy lease. Document the occurrences and take him to small claims court. No lawyer needed.
    [SIGPIC]http://i134.photobucket.com/albums/q82/probable556/BF_Sig_Small2Custom.jpg[/SIGPIC]

  11. #11
    I play in the street. nobrainer440's Avatar
    Join Date
    Jul 2005
    Location
    College: K-State; Home: Overland Park, KS
    My Bikes
    2005 Allez Triple, 1971 Schwinn Varsity Fixed Gear Conversion
    Posts
    977
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    That is really weird. Why would they get mad at you for shoveling yourself?

  12. #12
    Senior Member
    Join Date
    Nov 2006
    Location
    Charlotte, North Carolina, USA
    My Bikes
    '71 Raleigh Sports, '84 Schwinn LeTour on the trainer (and available for hill repeats), '06 Scott CR1 SL (Ksyrium SL), and a yet-to-be-determined TT bike.
    Posts
    1,643
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Maybe you shouldn't have dug out, but had a little "falling accident."

    That really sucks, Tom. Why don't you move here and commute?

    BTW, isn't there some section in the Indiana state statutes about tenants' rights with regard to breaking a lease? Might check there.

  13. #13
    Senior Member
    Join Date
    Jan 2006
    Posts
    4,926
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    wow, this is unbelievable Tom!

  14. #14
    Dances With Cars TRaffic Jammer's Avatar
    Join Date
    Jan 2006
    Location
    Toronto, Canada
    My Bikes
    TBL Onyx Pro(ss converted), Pake SS (starting to look kinda pimped)
    Posts
    10,527
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Best of luck with this. I must say it's singularly one of the dumbest things i've ever heard of. I wonder if someone has hurt/killed themselves shoveling there before, because it sounds like a cover-your-*ss clause.

  15. #15
    Senior Member
    Join Date
    Aug 2006
    Posts
    998
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Check with your Tenant's Council. I'm sure if things got real bad, a judge or a jury will find in your favor. It is just common sense. Especially because they won't shovel, and barring others from doing that renders the apartment unlivable.

  16. #16
    Retro-nerd georgiaboy's Avatar
    Join Date
    Mar 2005
    Location
    Morningside - Atlanta
    My Bikes
    2002 Cannondale Badboy, 2004 Bianchi Vigorelli
    Posts
    1,584
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Don't worry, Tom, I coming up there with my cigar smoking uncle that likes to spit. We'll lean on these guys for you!
    Would you like a dream with that?

  17. #17
    Señor Member USAZorro's Avatar
    Join Date
    Oct 2004
    Location
    Carlisle, PA
    My Bikes
    1954 Hetchins M.O., 1959 Viking Severn Valley, 1970 Raleigh Pro, 1972 Fuji "The Finest", 1974 Raleigh Superbe&Comp, 1976 Raleigh Team Pro, 1994 Trek 830 MTB, 2000 Bob Jackson Arrowhead, Unicycle
    Posts
    13,034
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Go Tom! Recover soon, because the groundhog said spring is right around the corner... and the groundhog... even if we did retaliate on him for lying, or being an idiot - just wouldn't taste very good in a stew.

    Note - the above sentence makes as much sense as the clause in your lease.
    The search for inner peace continues...

  18. #18
    Senior Member
    Join Date
    Nov 2006
    Location
    Charlotte, North Carolina, USA
    My Bikes
    '71 Raleigh Sports, '84 Schwinn LeTour on the trainer (and available for hill repeats), '06 Scott CR1 SL (Ksyrium SL), and a yet-to-be-determined TT bike.
    Posts
    1,643
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by georgiaboy
    Don't worry, Tom, I coming up there with my cigar smoking uncle that likes to spit. We'll lean on these guys for you!
    Wooo-weee! Walkin' Tall, baybuh!

  19. #19
    your nightmare gal chipcom's Avatar
    Join Date
    Sep 2005
    Location
    The Cracker Factory
    Posts
    24,363
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Tom Stormcrowe
    3rd offense = eviction!
    I imagine since they failed to live up to their part of the contract - removing the snow - to the point where someone's health was jeapordized, the judge would probably toss em out of court with burning ears...unless, of course, the brother-in-law clause is invoked.
    "Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey

  20. #20
    Peddler Seamless's Avatar
    Join Date
    Nov 2004
    My Bikes
    Cannondale Road Warrior 800 & H400
    Posts
    337
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Tom Stormcrowe
    it's a violation of the lease to shovel snow as a tenant! ... I didn't see the clause when I signed it, it's buried in a huge lease. By the way, a question for the lawyers....is that enforceable? I mean, we'd been snowed in for a couple of days and were getting cabin fever.
    Not legal advice, as I'm not admitted in your state.

    One reasonably would expect that if you're not allowed to dig yourself out, then unless your rent is furnished by the government (i.e., incarceration or tracking ankle band) the landlord has a corresponding obligation to make sure that you are able to get out within a reasonable period of time after snow. If the landlord fails their part of the bargain, thereby imprisoning you inside, then they have no valid basis to protest the necessity for your self-help. One exception might be if they would reimburse you if you were forced to call a professional snow removal service to get you out.

    Hard to believe a court would allow them to force you to choose between imprisonment or risking injuries.
    You may be covered by legislation (city, county, state) that prohibits various unreasonable lease restrictions.

    A possible issue is enforceability of a clause buried in a long document for a consumer transaction. Sometimes courts hold those ineffective as not printed sufficiently prominent; and sometimes they're invalidated as unconscionable resulting from a lack of bargaining power (especially for a preprinted form supplied by the landlord).

    To help protect yourself, it might help to take photos of the before/after conditions, and note snowfall dates/times, amounts, temps involved, and your calls to management to complain about being trapped inside, the purpose of your needing to escape (e.g., going to work; to buy groceries) how long management took to respond to you complaints, and how long it takes the snow removal company to get around to all of the walks and parking areas once they start work (they may not employ sufficient number of workers or have proper equipment, which shouldn't be held against you).

    If they are such bozos about this, wonder why you don't have a tenants' association in place already.
    `,`,`,`,`,`,`,`,`,`,`,`,`,`,`,`,
    2005 Cannondale Road Warrior 800

  21. #21
    Senior Member
    Join Date
    Dec 2004
    My Bikes
    Electra Townie 7D
    Posts
    3,398
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Snow Job Apartments

  22. #22
    Tail End Charlie Ritehsedad's Avatar
    Join Date
    Sep 2005
    Location
    Maine, The Way Life Should Be
    My Bikes
    Fuji Nevada MTB, Giant OCR1
    Posts
    545
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Yeah, what Chip said. Its a safety issue. Landlords have been known to write stuff into leases that actually violates the law.

    By the way...I just got done snow blowing, I would love someone else to do it for me!
    Why isn't 11 pronounced onety one?

  23. #23
    Senior Member randya's Avatar
    Join Date
    Jul 2003
    Location
    in bed with your mom
    My Bikes
    who cares?
    Posts
    13,696
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I actually like shoveling snow.

  24. #24
    Non Tribuo Anus Rodentum and off to the next adventure (RIP) Stacey's Avatar
    Join Date
    Dec 2002
    Posts
    9,163
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Shoulda gave the rent a cop the shovel and told him to make himself useful.

  25. #25
    Non Tribuo Anus Rodentum and off to the next adventure (RIP) Stacey's Avatar
    Join Date
    Dec 2002
    Posts
    9,163
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Ritehsedad
    Yeah, what Chip said. Its a safety issue. Landlords have been known to write stuff into leases that actually violates the law.

    By the way...I just got done snow blowing, I would love someone else to do it for me!
    Frost bit on the lips?

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •