Q: I rent a home on a private road shared by many property owners. The road has become so bad, i struggle to drive to it.
Does the owner have any responsibility in this matter? Can I get out of my lease since my minivan cannot be driven to the property. The road was ok when I signed a month ago, but due to hard rains, it nearly requires 4wd. The road has sank in places probably 6-8 inches. I was not made aware of any possible issues with the road prior to signing.
A: Maintenance of a private road is usually addressed by a Road Maintenance Agreement that is recorded in the Public Records and explains what each homeowners responsibility is pursuant to upkeep and maintenance of the road. As a tenant, you will have to review your Lease Agreement to see if there are any provisions regarding the road. If it is not addressed and the owner is doing their part (whatever that is) to maintain the road, you may not have any recourse. If you literally cannot get to your residence, there may be grounds to rescind the Lease Agreement, but you would need to review your documents with an attorney if your landlord is unwilling to release you from your obligation. Best of Luck! Jennifer
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