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Snow Removal Responsibilities in Rentals: A Guide for Landlords and Tenants

A man shoveling snow off his front steps, clearing a path.You might be wondering how to deal with the responsibility of snow removal if you own a rental property in a location with snowy winters. Procedures for snow removal for rental property owners are surprisingly different and sometimes intricate. Consequently, it is imperative to split snow removal responsibilities appropriately long before the first flakes fall. However, who should undertake this task, you or your tenant?  This is dependent on several aspects, which we elaborate on below.

Local Ordinance

First, assess your local ordinance to comprehend your snow removal responsibilities. In many but not all places, local laws compel property owners to remove snow from surrounding public sidewalks and driveways within a certain duration (usually 24 to 48 hours). However, in some areas, local ordinances go beyond simply requiring snow removal. In addition, they could stipulate where the removed snow can and cannot be piled up.

Some cities could require property owners to remove snow from communal areas like fire hydrants, benches, and sidewalks. Others may limit where you can pile the snow (tossing snow on the road is against the law in several towns) or restrict how high you can pile snow up along a walkway. Some may even regulate what kinds of road salt or other deicing materials you can use on your walkways and driveways.

No matter what the local ordinances say, avoiding getting hit with fines for improper snow removal is important.

Property Type

Snow removal responsibilities are allocated based on the type of rental property you own. For example, multi-family property owners are often responsible for snow removal. Nevertheless, for single-family rental homes, most owners and landlords can hand over the task of snow removal to the tenant.

This situation can be effective in several contexts, mostly if your tenant already handles yard maintenance and other routine duties. However, you need to stay aware that the local ordinances still apply, so you should educate your tenant on proper snow removal practices to avoid breaking local laws.

Tenant Ability

Another essential thing to consider is your tenant’s ability to perform snow removal chores effectively and promptly. If your tenant isn’t physically able to perform such duties or is considered a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. A lack of consideration for your tenant could greatly damage tenant relations, even if it is technically unlawful to ask a disabled tenant to perform snow removal. In some circumstances, you may find the more ethical and profitable option to hire a professional property manager for your tenant or to undertake the task yourself if preferred.

Lease Documents

Most single-family rental property owners ask their tenants to handle snow removal. If you plan to emulate this example, it is essential to have clear language in your lease that defines your tenant’s responsibilities for that task. Incorporate relevant details from local ordinances if your tenant is required to comply with certain restrictions. This constitutes yet another exemplary practice. Precise lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource should a controversy happen.

Alternatively, if you plan to provide snow removal, mention that in the lease as well. Also, you should include expectations for that service, such as moving cars or refraining from parking on the street during snow removal service times.

Hiring a property management company such as Real Property Management MidTown offers several advantages, including expert guidance on optimal strategies for handling weather-related maintenance at your rental property. Contact us or call 817-583-6121 today to learn more about our range of property management services in Mansfield and its surroundings.

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