As the holiday season approaches, the closer you get to potentially having a winter wonderland right at your property's front door. But along with the joys of snow comes the concerns for safety, especially if your tenant's driveway freezes over or if their doors and sidewalks are blocked with piles of snow. As a landlord or property manager, it's essential to make sure you know everything there is about the snow before it makes landfall on your properties this season.
Who Is Responsible for Removal?
Typically, whoever owns the property is responsible for snow and ice removal. But in some areas, the local government takes care of snow removal from sidewalks and roads, or there’s a law requiring property owners to do it in a certain amount of time. As a landlord or property manager, you should check out the following to see who’s responsible for snow and ice removal:
Lease Agreements
To create clarity, many property owners include snow removal in the lease agreement. If you own or manage a multi-unit property, the best thing to do is remove the snow yourself or hire a service. But if you own a single-family rental, you can specify that the snow removal is the tenant’s responsibility. When you create the lease, be clear about who’s responsible for the snow removal and when and where the snow needs to be removed. If you advertise your property on Apartments.com, you can easily create a lease that fits your property and your standards. Our fully customizable lease agreements are state-specific and legally binding, meaning you can create a lease no matter where your property is located, and it will adhere to all state laws and local ordinances. Plus there is a section for stipulations where you can include information on who is responsible for snow removal. Once your lease is created, your tenants can quickly sign online.
Local or State Laws
Many states and local areas that experience snowfall often have laws about snow removal. Usually, these laws state whether the property manager or tenant is responsible for the removal. Others may note that the owner or resident is responsible for snow removal and may give them a specific time frame of when the snow needs to be removed. Keep your residents updated on local laws regarding snow removal and even offer safety tips to reduce the risk of injury. If you would like to lower your liability, you could provide your residents with shovels and salt to prevent slipping.
Americans with Disabilities Act
According to the American Disabilities Act, streets, curbs, and sidewalks are to be kept clean by public agencies. But many jurisdictions will pass on snow and ice removal responsibilities to property owners. The ADA states that property owners must remove enough snow from the sidewalks to provide room for a wheelchair at least 36 inches wide. But the snow must not be deposited back onto public property, such as the curb or the street, since that would make it difficult for anyone trying to cross the street or drive their car.
Elderly and People with Disabilities are Exempt from Snow Removal Even though snow can be beautiful and fluffy, it can be challenging to remove. Depending on the situation and who’s removing the snow, it could lead to severe injury and even death. For these reasons, senior citizens and people with disabilities are exempt from snow removal. If you need help managing a property with residents exempt from snow removal, try neighbors, volunteer programs, churches, and youth groups to help with snow removal. Several cities also provide subsidies for the elderly and people with disabilities to hire snow removal services.
How quickly does snow and ice need to be removed?
If you live in a state or city that experiences snowfalls often, you could be legally required to remove snow and ice within a certain amount of time. Some state or local laws require snow removal within a few hours after landfall or 24 to 48 hours after the first snowfall. If the resident or the property owner is responsible for snow removal, you may consider including that the tenant is responsible for snow removal in the lease, along with a specific time frame they need to meet.
What happens if I don’t remove the snow and ice?
If you or your tenant decide not to remove the snow or ice, this could lead to fines or other penalties from your city, county, or state. As a property owner, it could make it possible for someone to file a personal injury claim if an individual slips and falls on your property. If you said in your lease agreement that you, as the landlord or property manager, are responsible for snow and ice removal and you fail to do so, you could face legal trouble with your residents, as well as complaints and maintenance requests. Finally, if you choose not to remove snow and ice and you are responsible for it, you risk your residents not renewing the lease and leaving you bad reviews, making it hard to find new tenants.
What happens if a tenant or visitor slips on ice and gets injured?
Landlords and property managers have a legal responsibility to keep their property reasonably free of danger. If you know there is a hazard, the law of premises liability says you either need to repair it or warn residents about it. This law might let tenants and visitors sue property owners if they suffer an injury because of a dangerous situation on the property. If someone is injured on your property, they typically must prove the property owner failed to inform them of the hazard or failed to repair it. If this is a concern for you, again, clearly state in the lease who is responsible for snow and ice removal and speak to a lawyer in your state who is familiar with your state laws and personal injury claims.
When thinking of snow, you might envision a sparkling winter wonderland. However, snow is harmful if not removed properly. Develop a plan for snow removal now to ensure you and your residents are prepared for the winter months.
