If you own a rental property in a region with snowy winters, contemplating how to manage the responsibility of snow removal. Regulations concerning snow removal for rental property owners are notably diverse and occasionally intricate. Consequently, it is essential to allocate snow removal responsibilities in advance of the initial snowfall. But who is responsible for this task – you or your tenant? The outcome is contingent upon several factors, which we will elaborate in detail below.
Local Ordinance
Initially, consult your local ordinance to comprehend your snow removal responsibilities. In numerous locations, local laws ask property owners to remove snow from nearby public sidewalks and driveways, usually within a certain period (usually 24 to 48 hours). But in several locales, local ordinances go beyond simply requiring snow removal. They may also specify where the removed snow can and cannot be piled up.
Certain cities may require property owners to remove snow from fire hydrants, benches, or communal areas close to their premises. Others may limit where you can pile the snow (placing snow on the road is against the law in some municipalities) or the permissible height at which you can pile snow up along a walkway. Certain regulations may restrict the kind of road salt or other deicing materials you can use on your walkways and driveways.
No matter what the local ordinances state, avoiding getting hit with fines for improper snow removal is crucial.
Property Type
The allocation of snow removal responsibilities is contingent upon the type of rental property you own. For instance, multi-family property owners are almost always responsible for snow removal. Nevertheless, for single-family rental homes, most owners and landlords can pass on the task of snow removal to the tenant.
This scenario can be effective in numerous instances, particularly if your tenant already handles yard maintenance and other fundamental responsibilities. However, it’s essential to recognize that the local ordinances remain in effect; therefore, you should educate your tenant on appropriate snow removal practices to avoid breaking local laws.
Tenant Ability
It is essential to consider your tenant’s ability to perform snow removal duties accurately and punctually. If your tenant isn’t physically able to fulfill such responsibilities or is classified as a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. Although mandating a disabled tenant to perform snow removal is not explicitly unlawful, a lack of consideration for your tenant could significantly damage tenant relations. In such instances, the most ethical and profitable option may be to hire a professional property manager on behalf of your tenant or to undertake the task personally if that is your preference.
Lease Documents
Most single-family rental property owners require their tenants to handle snow removal. If you intend to proceed similarly, it is essential to incorporate clear language in your lease that highlights your tenant’s responsibilities concerning that duty. Another excellent practice is to incorporate pertinent information from local ordinances if your tenant must adhere to specific regulations. Explicit lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of a conflict of interest.
Conversely, if you plan to provide snow removal, specify that in the lease agreement as well. Additionally, it is imperative to include expectations pertaining to the service, such as relocating vehicles or refraining from parking on the street during snow removal service operations.
One significant advantage of hiring a property management company like Real Property Management Varanasi is our assistance in effectively handling weather-related maintenance for your rental property. Contact us or call 215-770-2707 immediately to discover more about our range of property management services in Phoenixville and nearby.
Originally Published on Feb 4, 2022
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