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Snow & Ice removal

C

Crusher

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Any lawyers in the house? I have a NNN lease in a retail strip in Wisconsin. For the 4 years myself and other tenants have expressed to the building owner that we are not happy with the snow removal companys quality of work. He basically says there is nothing he can do about it because one of the tenents (a gas station owned by a farmers co-op) has the responsibility to hire the snow removal for the strip in their lease. When I do complain about it to him he tells me to call the company, I don’t think I should have to do anything other than tell him about and it’s his responsibility to take care of it from there, he is the property owner and manger. The biggest issue is the snow removal company won’t use salt and instead uses a gravel mix that gets tracked into our stores and doesn’t do anything for the ice. They also don’t show up until upwards of 12-18 hours after the snow fall to start plowing.

My question is can I have a lawyer write up something that says My business, my lability insurance, and my workers comp insurance are not liable for any injuries to myself, my employees, my customers, or my vendors due to ice or snow not being maintained properly?
 
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I would speak to a lawyer, and see what course of remediation is available to you.

If customers cannot get in your lot, and the lack of salt usage is creating a dangerous situation, I believe you may have some actions to use against the landlord.

Where are you in Sconny? I am in the lakeland area on Hwy 51 between 70-W & 70-E, Vilas County
 
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I would research “Occupier’s Liability” or something similar…

In my area you would be an “occupier” and liable if someone was injured…Now you may be able to “pass off” this liability to your landlord via a “hold harmless” in your lease, however, if your money is easier to find you may have to chase them if they get to you first…In my area liability is “joint and several” so everyone is named and the palintiffs gets their money anywhere they…If they get it from you the landlord is liable, you may have to sue the landlord (or your insurer will)…
 
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What does your lease say about resolving issues between tenant and landlord?

Have an attorney take a look at your lease. Here is what I think you will find out:

In a NNN lease the landlord is generally responsible for taking care of (includes contracting for and supervising) common area maintenance. If snow removal is a common are item in your center he should be responsible for seeing that it is done and done correctly. If you are not satisfied with the performance, you should write to him and state that you are going to implement the dispute resolution process called for in the lease if he does not take care of the issue.

With that said, not all jurisdictions allow salt. It is nasty stuff for the environment.
 
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Crusher said:
…He basically says there is nothing he can do about it because one of the tenents (a gas station owned by a farmers co-op) has the responsibility to hire the snow removal for the strip in their lease. When I do complain about it to him he tells me to call the company, I don’t think I should have to do anything other than tell him about and it’s his responsibility to take care of it from there, he is the property owner and manger.
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If he’s the one collecting CAM fees, then it is his responsibility. I would spell that out for him in no uncertain terms.

I would also start taking pictures for documentation. Use your phone so you have a time and date stamp.

Otherwise, when push comes to shove, it’s your word against his. With photographic evidence, you will have the upper hand.
 
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In this pic the lot next to use( actually joined) is plowed and salted ours is not.
 
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we have a steep driveway that empties onto a busy street , i slid across a few times , could have been t-boned, talk to landlord many times with nothing being done , finally a customer chewed me out and threatened to sue me over sliding accros the blvd , sent 2 Registered Letters and finally got results , electric heating strips in concrete !!! he knew he would lose big time after he received 2 registered letters and then got sued !
 
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Crusher said:
I’m in Mount Horeb, just west of Madison.
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Cool, Is Tyrol Basin still up and running? I used to do some boarding competitions out there before I went and got old.
I didn’t realize there was that much snow down there already. If I find myself in that area, I’d like to stop by
 
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GotRocks said:
Cool, Is Tyrol Basin still up and running? I used to do some boarding competitions out there before I went and got old.
I didn’t realize there was that much snow down there already. If I find myself in that area, I’d like to stop by
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Yes Tyrol is still going strong, they’ve become a snowboarding destination. That picture was from last year, the pic of this year was harder to see the difference because it was mostly ice.
 
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