If you own a rental property in a location with snowy winters, you may be asking how to undertake the responsibility of snow removal. Laws regarding snow removal for rental property owners are notably diverse and often perplexing. Therefore, snow removal responsibilities must be allocated well in advance of the first flakes falling. But who should be responsible for it – you or your tenant? This is contingent upon several aspects, which will be elaborated upon more below.
Local Ordinance
First, check your local ordinance to understand your snow removal responsibilities. In most but not all areas, local laws anticipate property owners to remove snow from adjacent public sidewalks and driveways, generally within a particular period (usually 24 to 48 hours). But in some areas, local ordinances go beyond simply requiring snow removal. They may also stipulate where the removed snow can and cannot be piled up.
Some cities may require property owners to remove snow from fire hydrants, benches, or common areas close to 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 restrict the sort of road salt or other deicing materials you can utilize on your walkways and driveways.
Irrespective of what the local ordinances state, avoiding getting hit with fines for improper snow removal is imperative.
Property Type
When dividing up snow removal responsibilities, who is given the duty varies according to the type of rental property you own. For example, multi-family property owners are almost always responsible for snow removal. Nonetheless, for single-family rental homes, most owners and landlords can delegate the task of snow removal to the tenant.
This situation can work in a variety of cases, particularly if your tenant already handles yard maintenance and other essential responsibilities. However, it’s imperative to recognize that the local ordinances are still in effect, so you should educate your tenant on the right snow removal practices to avoid breaking local laws.
Tenant Ability
Another critical consideration is your tenant’s ability to perform snow removal activities correctly and promptly. If your tenant isn’t physically able to fulfill such duties or is considered a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. While requesting a disabled tenant to perform snow removal is not strictly prohibited, a lack of consideration for your tenant could greatly damage tenant relations. In these situations, you may find hiring a professional property manager to do it for your tenant or simply executing it yourself is a more ethical and profitable option.
Lease Documents
Many single-family rental property owners ask their tenants to handle snow removal. And if you intend to carry out the same, you need to incorporate clear language in your lease that indicates your tenant’s responsibilities for those duties. Another effective strategy is to add any pertinent data from local ordinances if your tenant is required to follow specific rules. Clear lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of a disagreement.
On the flip side, if you plan to provide snow removal, indicate that in the lease as well. You should also include expectations related to that service, such as relocating cards or not parking on the street during snow removal service times.
One great benefit of hiring a property management company like Real Property Management Teague is that we will help you find the right approach to handle weather-related maintenance at your rental property. Contact us or call 518-612-4900 today to learn more about our property management services in Albany and the vicinity.
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