If you own a rental property in a region with snowy winters, you may be contemplating how to cope with the responsibility of snow removal. The regulations regarding snow removal for rental property owners are quite extensive and even intricate. Consequently, you need to assign snow removal responsibilities well in advance of the initial snowfall. Who is responsible for this task – you or your tenant? The outcome is contingent upon several factors, which we will discuss in further detail below.
Local Ordinance
Initially, find your local ordinance to learn about your snow removal responsibilities. In many but not all places, local laws demand property owners to remove snow from adjacent public sidewalks and driveways, generally within a certain period (usually 24 to 48 hours). Yet, in some cities, local ordinances go beyond simply requiring snow removal. They may also explain where the removed snow can and cannot be piled up.
Some cities may require property owners to remove snow from fire hydrants, benches, or shared areas next to their property. Others may limit where you can pile the snow (throwing snow on the road is against the law in several cities) or how high you can pile snow up along a walkway. Some may even prohibit what kinds of road salt or other deicing materials you can utilize on your walkways and driveways.
Despite what the local ordinances say, avoiding getting hit with fines for improper snow removal is essential.
Property Type
When distributing snow removal responsibilities, who gets dispensed the task also depends upon what type of rental property you handle. For instance, multi-family property owners are often responsible for snow removal. Yet, for single-family rental homes, many owners and landlords can delegate the task of snow removal to the tenant.
These conditions can be applicable in various scenarios, particularly if your tenant already handles yard maintenance and other simple activities. However, it’s vital to keep in mind that the local ordinances still apply, so you must educate your tenant on proper snow removal practices to avoid breaking local laws.
Tenant Ability
An essential consideration is the tenant’s ability to perform snow removal chores effectively and punctually. If your tenant isn’t physically able to perform such activities or is viewed as a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. While it is not explicitly banned to require a handicapped tenant to perform snow removal, a lack of consideration for your tenant could severely damage tenant relations. In these scenarios, you may find the more ethical and profitable option to hire a professional property manager to do the task for your renter or, on the other hand, to undertake it independently if you choose.
Lease Documents
Most single-family rental property owners require their tenants to handle snow removal. To do this, you need to have clear language in your lease that specifies your tenant’s responsibilities related to that task. Another effective strategy is to incorporate any relevant data from local ordinances if your tenant is required to adhere to certain regulations. Comprehensive lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of an issue.
On the other hand, if you plan to provide snow removal, include it in the lease as well. You must also include expectations related to that service, such as relocating vehicles or not parking on the street during snow removal service operations.
A major benefit of hiring a property management company such as Real Property Management Evertrust is that we will help you identify how best to handle weather-related maintenance at your rental property. Contact us or call 207-550-0776 right away to find out more about our range of property management services in South Portland and surrounding locations.
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