When living on a privately owned road, many Alabama residents come across a difficult situation: damaged roads left unrepaired. Usually, county or city road crews patch up potholes, but that is not the case for tenants in these circumstances. It is the landlord’s responsibility to do damage control on their roads in a private neighborhood.
Ben Irwin from Cherry & Irwin Law Firm said a lease agreement should enforce easy access in and out of the property. If potholes become a daily problem, or the roads are impassable, landlords are required to repair them. Irwin said if they do not comply, a group effort by tenants is their best option.
“My recommendations would be for these property owners to get together. They can try to form some type of association to address the issue in a group versus individual owners or tenants, and that may bring more attention, more pressure on the landlord,” he said.
Also, Irwin said many Alabama residents do not report these kinds of complaints because they are afraid of eviction. Legally, landlords cannot search for reasons for eviction just because a tenant complains. However, in court, that is hard to prove.
Damaged roads are also dangerous for mailmen and garbage pick up.
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