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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 vicinity with snowy winters, you may be contemplating how to cope with the responsibility of snow removal. Numerous complex and often ambiguous regulations govern snow removal for rental property owners. As a result, it’s essential to distribute snow removal responsibilities well in advance of the initial snowfall. But who should be doing it – you or your tenant?  The answer is contingent upon several factors that will be discussed in further detail below.

Local Ordinance

First, visit your local ordinance to know your snow removal responsibilities. In numerous but not all locations, local laws demand property owners to remove snow from adjacent public sidewalks and driveways, generally within a specific time (usually 24 to 48 hours). However, in other areas, local ordinances go beyond simply requiring snow removal. Some may also say where the removed snow can and cannot be piled up.

Some towns may require property owners to remove snow from fire hydrants, benches, or common areas next to their own. Others may limit where you can pile the snow (putting snow on the road is against the law in numerous towns) or how high you can pile snow up along a walkway. Some may even confine the type of road salt or other deicing materials you can use on your walkways and driveways.

Irrespective of what the local ordinances indicate, avoiding getting hit with fines for improper snow removal is vital.

Property Type

When splitting up snow removal responsibilities, who gets allotted the assignment also depends on what type of rental property you own. For instance, multi-family property owners are typically responsible for snow removal. Nonetheless, for single-family rental homes, the majority of owners and landlords can delegate the task of snow removal to the tenant.

In numerous scenarios, this arrangement may be possible, specifically if your tenant already handles yard maintenance and other fundamental chores. However, you have to bear in mind that the local ordinances are still applicable, so you need to educate your tenant on suitable snow removal practices to avoid breaking local laws.

Tenant Ability

Your tenant’s ability to perform snow removal responsibilities properly and on time is a further factor to consider. If your tenant isn’t physically able to do these tasks or is considered a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. Even though it is not exactly prohibited to ask a disabled tenant to perform snow removal, a lack of consideration for your tenant could significantly damage tenant relations. In such a situation, you may find the more ethical and profitable option to hire a professional property manager to do it for your tenant or simply execute it alone if you want.

Lease Documents

Most single-family rental property owners expect their tenants to handle snow removal. And if you plan to do the same, you have to incorporate clear language in your lease that defines your tenant’s responsibilities related to that job. Another great idea is to provide any applicable information from local ordinances if your tenant needs to comply with particular guidelines. Comprehensive lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource should a quarrel arise.

On the other hand, if you plan to provide snow removal, you should also indicate that in the lease. Moreover, it is critical to include expectations related to that service, such as moving vehicles or not parking on the street during snow removal service times.

Hiring a property management company such as Real Property Management NW Indiana is great since we can assist you in determining the best way to handle weather-related maintenance at your rental property. Contact us or call 219-525-1277today to gain more insight about our range of property management services in Merrillville and places nearby.

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