If you own a rental property somewhere with snowy winters, you may be thinking about how to handle the responsibility of snow removal. Guidelines on snow removal for rental property owners are shockingly dissimilar and occasionally complicated. Because of this, it’s essential to divide up snow removal responsibilities correspondingly long before the first flakes fall. However, who should be doing it – you or your tenant? That relies on a few aspects, which we go into further depth below.
Local Ordinance
To know your snow removal responsibilities, first check your local ordinance. Local laws necessitate property owners to remove snow from adjacent public sidewalks and driveways, generally within a specified amount of time (usually 24 to 48 hours), but not always. On the other hand, in certain places, local ordinances go beyond simply requiring snow removal. They might also demonstrate where the removed snow can and cannot be piled up.
Some cities may require property owners to remove snow from fire hydrants, benches, or public spaces close to their properties. Others may limit where you can pile the snow (pitching snow on the road is against the law in many cities) or how high you can pile snow up along a walkway. Some may even control what kinds of road salt or other deicing materials you can use on your walkways and driveways.
Whichever the local ordinances say, avoiding getting hit with fines for improper snow removal is essential.
Property Type
Depending on the type of rental property you have, you may need to allocate snow removal responsibilities to different people. For instance, multi-family property owners are almost always responsible for snow removal. Yet, for single-family rental homes, many owners and landlords can convey the task of snow removal to the tenant.
This scenario may be possible in several situations, mainly if your tenant already handles yard maintenance and other essential responsibilities. However, it’s worth keeping in mind that the local ordinances are still applicable, so you should educate your tenant on correct snow removal practices to avoid breaking local laws.
Tenant Ability
An additional essential factor to remember is your tenant’s ability to perform snow removal tasks correctly and on time. You might have to make other arrangements if your tenant is deemed a member of a protected class under the Americans with Disabilities Act or is not physically able to perform such tasks. Although it is not strictly prohibited to require a disabled tenant to conduct snow removal, a lack of consideration for your tenant could significantly damage tenant relations. In this instance, you may consider the more ethical and profitable option to hire a professional property manager to handle it for your tenant, or alternatively, you may choose to manage it yourself if you like.
Lease Documents
Most single-family rental property owners anticipate their tenants will handle snow removal. If you expect to do the identical thing, be sure to incorporate clear language in your lease that defines your tenant’s responsibilities regarding that task. If your tenant must comply with specific regulations, a further suggestion is to include any relevant information from local ordinances. In the event of an argument, comprehensive lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource.
Alternatively, stipulate in the lease whether you plan to provide snow removal. In addition, you need to include expectations related to that service, such as moving vehicles or not parking on the street during snow removal service period.
One great factor about hiring a property management company such as Real Property Management Bay State West is that we will assist you in determining how to best handle weather-related maintenance at your rental property. Contact us or call 413-514-0050 right now to learn more about our range of property management services in Springfield and nearby.
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