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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.If you own a rental property in a location with snowy winters, you might be questioning how to manage the responsibility of snow removal. Restrictions on snow removal for rental property owners are surprising and, at times, complicated. Consequently, it’s critical to pass on snow removal responsibilities appropriately ahead of time. But who should be performing it – you or your tenant?  That is determined by a number of elements, which we will discuss in more information below.

Local Ordinance

First, examine your local ordinance to learn about your snow removal responsibilities. In many but not all places, local laws compel property owners to remove snow from neighboring public sidewalks and driveways, usually within a specific time (usually 24 to 48 hours). However, in some communities, local ordinances go beyond simply requiring snow removal. They can additionally determine where the removed snow can and cannot be piled up.

Certain towns may require property owners to remove snow from fire hydrants, benches, or communal places near their homes. Others may limit where you can pile the snow (throwing snow in the road is against the law in many towns) or how high you can pile snow up along a walkway. Some may even limit what kinds of road salt or other deicing materials you can use on your walkways and driveways.

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

Property Type

When dividing up snow removal responsibilities, who gets allocated the job also depends on what type of rental property you have. For instance, multi-family property owners are almost always responsible for snow removal. On the other hand, for single-family rental homes, the majority of owners and landlords can delegate the task of snow removal to the tenant.

This scenario can work in a variety of circumstances, mainly if your tenant already handles yard maintenance and other simple duties. However, it’s worth noting that the local ordinances still apply, so you need to educate your tenant on appropriate snow removal practices to avoid breaking local laws.

Tenant Ability

Your tenant’s ability to perform snow removal tasks appropriately and on schedule is another crucial factor to consider. If your tenant isn’t physically able to make such obligations or is considered a member of a protected class under the Americans with Disabilities Act, you may have to make other arrangements. While it is not technically illegal to require a disabled tenant to perform snow removal, a lack of consideration for your tenant may seriously damage tenant relations. In these circumstances, you may find the more ethical and profitable option to hire a professional property manager to do it for your tenant or simply perform it yourself if you desire.

Lease Documents

Most single-family rental property owners urge their tenants to handle snow removal. If you want to do the same thing, be sure to add clear language in your lease that regulates your tenant’s responsibilities connected to that task. Another great strategy is to add any pertinent details from local ordinances if your tenant needs to follow certain regulations. Detailed lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of a conflict.

On the other hand, if you plan to provide snow removal, mention that in the lease as well. You should also include expectations concerning that service, such as moving vehicles or not parking on the street during snow removal service hours.

The primary benefit of hiring a property management company like Real Property Management of Soflo is that we will assist you with choosing the best way to handle weather-related maintenance at your rental property. Contact us or call 786-527-1686 today to learn more about our range of property management services in Weston and nearby.

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