Home › Forums › Decaffeinated Coffee › renting an apartment in lakewood for a month › Reply To: renting an apartment in lakewood for a month
Lightbrite……………
A municipality has no direct relationship with the renters of real estate. The lease establishes privity of contract between landlord and tenant.
As such, the municipality can only fine the owner of the property for snow removal that was not performed in accordance with the local statute.
The landlord could have language in his/her lease that obligates the tenant to remove the snow and specify that should there be fines issued by the municipality for non-compliance with the statute, the landlord , having provided proof he/she paid those fines, shall be promptly reimbursed by the tenant.
From a practical experience, if the tenant does not reimburse the landlord and the landlord brings action in court (small claims for the money, or housing for eviction<violating terms of the lease>). The landlord will lose.
Why? A good defense attorney will simply show that the landlord paid the fine without affording the tenant who was accused of noncompliance with the statute a chance to defend action/nonaction in court. A landlord recieving a $100 fine wouldn’t go to court to defend, too expensive, thus tenant loses chance to dispute fine. The tenant, not in privity of contract with the municipality acn’t protest fine…no standing.