If you own a rental property in a location with snowy winters, you may be pondering how to manage the responsibility of snow removal. Rules about snow removal for rental property owners are unexpectedly dissimilar and sometimes intricate. Due to that, it’s recommended to divide up snow removal responsibilities well long before the first flakes fall. Who bears responsibility for it – you or your tenant? The outcome is contingent upon several aspects, which we will elaborate on more below.
Local Ordinance
First, search your local ordinance to know your snow removal responsibilities. In many but not all areas, local laws require property owners to remove snow from nearby public sidewalks and driveways, regularly within a certain time (usually 24 to 48 hours). Yet, in other locations, local ordinances go beyond simply requiring snow removal. They may also specify where the removed snow can and cannot be piled up.
Some municipalities may require property owners to remove snow from fire hydrants, benches, or communal areas close to their property. Others may limit where you can pile the snow (pitching snow in the road is against the law in several cities) or how tall you can pile snow up along a walkway. Some may even control what sorts of road salt or other deicing materials you can utilize on your walkways and driveways.
Despite the local ordinances state, avoiding getting hit with fines for improper snow removal is significant.
Property Type
When allocating snow removal responsibilities, who gets assigned the task also depends on what type of rental property you have. For instance, multi-family property owners are frequently responsible for snow removal. Nonetheless, for single-family rental homes, most owners and landlords can allocate the task of snow removal to the tenant.
This scenario can be effective in multiple cases, particularly if your tenant already handles yard maintenance and other fundamental responsibilities. It is important to remember 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
It is crucial to consider your tenant’s ability to perform snow removal duties accurately and in a timely manner. If your tenant isn’t physically able to achieve such obligations or qualifies as a member of a protected class under the Americans with Disabilities Act, you may have to make other arrangements. While mandating an incapacitated tenant to carry out snow removal is not officially unlawful, a lack of consideration for your tenant could significantly damage tenant relations. In such circumstances, you may consider the more ethical and profitable option of hiring a professional property manager to take on the task for your tenant, or you may elect to manage it independently if that is your preference.
Lease Documents
Numerous single-family rental property owners expect their tenants to handle snow removal. Should you choose to continue in a similar manner, it is important to include clear language in your lease that breaks down your tenant’s responsibilities for that task. It is prudent to include relevant information from local ordinances if your tenant must comply with certain restrictions. Comprehensive lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of a quarrel.
On the other hand, if you plan to provide snow removal, enumerate it in the contract of rental as well. You must also include expectations associated that service, including the relocation of cars and the prevention of street parking during snow removal service operations.
A notable benefit of hiring a property management company like Real Property Management Main is that we will assist you in figuring out how best to handle weather-related maintenance at your rental property. Contact us or call 248-852-6204 today to gain further insight into our array of property management services in Grosse Pointe and its vicinity.
Originally Published on Feb 4, 2022
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