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Ohio State renters salty landlords ignore icy sidewalks

dorony.4@osu.edu

Published: Monday, January 14, 2013

Updated: Monday, January 14, 2013 23:01

snow

Kayla Byler / Design editor

Snow covers the street, cars and houses on E. Norwich Avenue Dec. 26.

Treacherous off-campus sidewalks packed with snow and ice caused problems for students making their way to classes last week, but many don’t know where to place the blame.

Not everyone knows who is responsible for the removal of the slippery ice that has caused students to walk through the streets to get to class.

Heather Davis, a third-year in microbiology and Buckeye Real Estate tenant, was not satisfied with the conditions of sidewalks, streets or parking lots when she returned to campus after winter break.

“My entire parking lot had already turned into a solid 2 inches of ice. The conditions of the sidewalks were also horrendous,” Davis said in an email. “Most students weren’t on campus at the time and therefore could do nothing to alleviate the problem.”

Certified property manager of Buckeye Real Estate, Wayne Garland, said if landlords are to take responsibility for shoveling and salting on their own, it creates more liability issues due to a 2002 ruling by the Ohio Supreme Court. Crawford v. Wolfe states that a landlord may be liable for injuries sustained on the property if they could be caused by the landlords’ failure to fulfill their duties in regards to the property’s condition.

“So that’s the way unfortunately we approach it: don’t want to open ourselves to more liability by trying to provide a service and then it creates a potential situation where we get sued,” Garland said.

Kate Aruby, a fourth-year in biology, lives off campus and pays $35 for a spot in her apartment’s parking lot. Because of the parking fee, Aruby said she thinks the snow and ice should be taken care of by her landlord. But that wasn’t done after a late-December snow storm.

Aruby said she called the company and talked to the receptionist.

“She basically said, ‘There’s absolutely nothing we can do. That’s ridiculous for us to go salt every parking lot.’ She was kind of rude about it, actually,” Aruby said.

The representative from her reality company said the company would be unable to take care of the parking lots but suggested Aruby put in a maintenance request to have someone go out and take care of the sidewalks.

Aruby said she did not own a shovel and didn’t have salt on hand to take care of icy sidewalks and parking lots. The snow in the area was not cleared either, Aruby said.

Garland said there is not an ideal situation where everyone would be happy, and students will have to make the best out of the situation.

“Snow removal is not like anything else when it comes to landscaping. When you mow, it’s not a big deal since you can mow when you get there. Everybody wants the snow removed immediately, and obviously that’s impossible,” Garland said.

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17 comments

Anonymous
Wed Jan 16 2013 11:57
Ohio State has an excellent law school. Don't they have a clinic that can help students enforce leases or duties under Ohio law if in fact there is a duty for landlords to clean sidewalks and/or driveways. I suggest that students make a deal with the landlord to clean the landlord's property for a fee. A win win situation.
Anonymous
Wed Jan 16 2013 00:17
It's pretty obvious that the two of you below me know little of what is actually the responsibility of the landlord and of the tenant. The answer is pretty simple. Is snow removal in the lease? If not, there is no expectation of it to be done. Plain and simple.

And please give the 'if I have to pay for a spot' line a break. Not only are there property taxes, maintenance, and purchase cost that goes along with owning a lot, a parking lot is a convenience that is not required. Don't want the convenience? Don't pay, and park on the street with everyone else. This is standard stuff in every city where parking is at a premium.

Anonymous
Tue Jan 15 2013 21:50
To expect tenants to clear a parking lot is ridiculous. Any business with a parking lot should have a plow company on contract and expect the lot to be cleared within a reasonable time. Some rentals charge $300/year to park in a blacktopped yard behind a rental house. That should be what the $300 for each car should go for rather than additional profit into the company's pocket.
Anonymous
Tue Jan 15 2013 17:42
"It's gonna be awesome when these students have a real house and real responsibility. You mean I can't just drink and play with my igear all day long?"

This simpleton obviously has no concept of what renting involves, what a lease is, what the responsibilities of landlords are, etc. But congratulations for feeling high and mighty about salting your own sidewalks, though it's a bit hypocritical to whine and complain with your misguided thoughts on college students' work ethic while sitting at your computer.

Connor D
Tue Jan 15 2013 16:29
Whoever the author may be, It was written exceptionally with great information and interviews!
Anonymous
Tue Jan 15 2013 13:12
The joy of living in an apartment is that there is no responsibility to care for the yard, driveway, etc. It's unrealistic for an apartment complex to expect their tenants (sometimes in the numbers of 50+) to care for the property...what are you paying rent for? I think people are being hard on the kids because they are college students. Would you think the same way if it were elderly men and women complaining about their parking lot? Would you expect them to go out and shovel?
Anonymous
Tue Jan 15 2013 12:32
Thank you LEG. That was more clear than the article!
Davgir
Tue Jan 15 2013 11:55
"Fat, drunk,&stupid is no way to go through life"
Get out of bed before 1pm and shovel some snow.
LEG
Tue Jan 15 2013 11:10
They don't do the legal ruling justice in the article, so I'll explain it a little better for you all. IF a landlord does not clean off their sidewalks, there is no reasonable expectation by the pedestrian that it is a safe passageway and there is very little recourse for a fall. Trying to sue a land owner because of an act of god is incredibly difficult and precedent points to land owners favorably. IF a landlord cleans the sidewalk, but someone is injured regardless, a suit can be made that the expectation of safe passage WAS there, but the job was inadequate. Precedent then points favorably to the injured. So, in this case, there is less culpability to the land owner if they do nothing at all. The litigious people who slip on ice and constantly blame SOMEONE ELSE for their accident, and in this case sued someone who tried to do the right thing and shovel their walks, have caused this to happen. The laws will need to change and legal precedent to follow before you'll see another walk plowed by a landlord that knows better.
Anonymous
Tue Jan 15 2013 09:52
rule of open and obvious...per " Ohio Supreme Court"!
yep, go directly to jail, don't pass go, don't collect $200 == university housing, overpriced, less freedom
Anonymous
Tue Jan 15 2013 09:36
some salty old people commenting on here
David
Tue Jan 15 2013 09:34
If you rent one unit of a multi-unit building, it is reasonable to expect the landlord to clear the lot and sidewalks. If you rent an entire house then you're probably responsible for clearing them yourself. Paid parking should definitely be cleared by the landlord - that's ridiculous.
Anonymous
Tue Jan 15 2013 08:45
OMG! It's a witty headline at the Lantern. What's going on?
Anonymous
Tue Jan 15 2013 08:38
Agree with Anon @ 8:22. Someday you will have to *gasp* work a real job AND take care of a home, or possible even a FAMILY! I still rent, yet take pride in my property. I mow the lawn, plant flowers, shovel the snow. It is not that hard and most stores carry snow shovels. If you can carry a case of beer to a party, you can carry a snow shovel home from the store.
Anonymous
Tue Jan 15 2013 08:31
If you slip and fall on ice in your parking lots or on your sidewalks, sue the jerks. They ARE responsible for keeping sidewalks and parking lots clear. Just like homeowners are responsible for keeping sidewalks clear. If they don't, they are liable if someone slips on their part of the sidewalk.
Anonymous
Tue Jan 15 2013 08:22
It's gonna be awesome when these students have a real house and real responsibility. You mean I can't just drink and play with my igear all day long?
Anonymous
Tue Jan 15 2013 05:27
This illustrates a good reason for The University to provide more on Campus housing, and for the students to take advantage of it.




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