Residents
Owners
Snow removal can be easily forgotten or neglected to mention when arranging all the details of leasing a property. Come wintertime, however, snow removal causes disputes between landlords and tenants regularly. In the event that someone slips and falls due to snow or ice and get injured, it could result in a potential lawsuit.
If it's unclear to you whether snowremoval is the tenants or your responsibility, research the option and have a discussion with the tenant. Doing so can avoid future headaches on your end, and expectations for both parties are met.
State Snow and Ice Removal Laws
Depending on where you live and where the rental property is, the responsibility for snow removal is often determined by state laws. In Massachusetts and Pennsylvania, state law specifies that the owner of the property has a window of time, usually 24 to 48 hours after the snow stopped, to remove all snow or ice. In various other states the law may not only require shoveling or plowing, but also putting down salt.
Inversely, in Ohio and Illinois the law specifies that the properties occupants are responsible for snow removal. These states also enforce a certain amount of time that the snow must be removed by.
Snow Removal Municipal Ordinances
Snow removal responibilities may also be implemented by municipalities regardless of what state law does or does not include. An example of this would be Illinois not having a law requiring the landlord to remove the snow or ice, but the city of Chicago has an ordinance that says otherwise. Other municipalities regulate the responsibility of snow removal based upon the amount of units or type of rental property. An example would be a single family rental home having the responsibility of snow removal, but if the property has three or more units the landlord is responsible.
Including Snow Removal in the Lease Agreement
Take your time when wording you lease in regards to snow removal to avoid any possible confusion. The lease should reflect the state or municipal laws regarding the topic and clearly define any details concerning time. If snow removal is not currently addressed in your lease, create an addendum that discusses the issue and have both parties sign the document.
