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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 an area that encounters snowy winters, you might be curious about how to take responsibility for snow removal. Rules regarding snow removal for rental property owners can be quite varied and occasionally complicated. That’s why it’s important to allocate snow removal responsibilities well ahead of the first snowfall. So, who do you think should handle it – you or your tenant?  The outcome is contingent upon several factors, which we will address in further detail below.

Local Ordinance

To begin with, check your local ordinance to get a clear idea of your snow removal responsibilities. In several locations, local laws usually ask property owners to remove snow from adjacent public sidewalks and driveways, generally within an agreed-upon period (usually 24 to 48 hours). But in some places, local ordinances go beyond simply requiring snow removal. They might also clarify where the removed snow can and cannot be piled up.

Some cities may require property owners to remove snow from fire hydrants, benches, or open areas next to their property. Others may limit where you can pile the snow (tossing snow on the road is against the law in several cities) or how high you can pile snow up along a walkway. Certain entities may possess regulations on the sorts of road salt or other deicing materials you can use on your walkways and driveways.

It is really crucial to avoid getting hit with fines for improper snow removal, irrespective of what local ordinances state.

Property Type

When dividing up snow removal responsibilities, the allocated tasks often depend on the type of rental property you have. For illustration, multi-family property owners are usually responsible for snow removal. Yet, for single-family rental homes, most owners and landlords can transfer the task of snow removal to the tenant.

This scenario can be helpful in certain circumstances, particularly if your tenant already handles yard maintenance and other critical responsibilities. However, it’s advisable to keep in mind that the local ordinances are still in effect, so you should educate your tenant on appropriate snow removal practices to avoid breaking local laws.

Tenant Ability

Another vital factor to consider is your tenant’s ability to perform snow removal activities accurately and timely. If your tenant isn’t physically able to fulfill these obligations or is viewed as a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. While requesting a handicapped tenant to do snow removal is not explicitly prohibited, a lack of consideration for your tenant could really damage tenant relations. In these situations, you may find that hiring a professional property manager for your tenant is a more ethical and profitable option, or you may want to manage it independently if you want.

Lease Documents

Numerous single-family rental property owners demand their tenants to handle snow removal. If you are considering a similar approach, it is advisable to employ clear language in your lease that delineates your tenant’s responsibilities for that duty. Incorporating relevant data from local ordinances is crucial if your tenant must adhere to particular laws. Thorough lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of disputes.

Alternatively, if you plan to provide snow removal, it is advisable to incorporate that in the lease. You should also include expectations related to that service, such as moving vehicles or not parking on the street during snow removal service times.

One major advantage of hiring a property management company like Real Property Management Sailfish Coast is our support in determining the optimal approach for handling weather-related maintenance at your rental property. Contact us or call 772-242-9094 now to learn more about our range of property management services in Port St. Lucie and the areas around it.

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