Can I Force My Landlord to Black Top My Gravel Driveway if He Promised it Would Be Done When I Moved in?

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“I have a question about the paving of roads.  I live in Kentucky, and I live in a triplex. In fact I live on a street made up of duplex’s and triplex’s. The road I live on is black top, and all driveways leading to the road are black top.  Except mine.  Its gravel.  There is access to the gravel driveway for the six (including mine) apartments. It has been this way for about eight years.  I was told when I first moved in that the driveway would be black topped.  Do I, or any of my neighbors, have the position to force our landlord to black top said drive way?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Since you referred to a landlord, I assume you’re renting.  So it sounds like the question is, do you have any right to demand that your landlord pave the road?

I would say that depends on what kind of promise you were made before you moved in, and in particular on whether it was in writing.  In my experience, people “remember things differently” when the time comes to enforce an oral agreement.

That doesn’t mean you can’t request paving, or negotiate with your landlord (perhaps as a group with your neighbors) to get it done.  But in terms of having the legal right to force the issue, I would look first to your lease.  If it’s not in there, you haven’t lost, but you have an uphill battle.

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Author: House Attorney

A house attorney has answered this question.