If you own a rental property in some area with snowy winters, you may be thinking about how to cope with the responsibility of snow removal. There are a lot of different and sometimes hard-to-understand rules regarding snow removal for rental property owners. As a result, it’s crucial to give snow removal responsibilities accordingly long before the first flakes fall. But who should be doing it – you or your tenant? That depends on a few things that we’ll talk about in more depth below.
Local Ordinance
First, visit your local ordinance to determine your snow removal responsibilities. In numerous but not all locations, local laws necessitate property owners to remove snow from adjacent public sidewalks and driveways, generally within a certain period (usually 24 to 48 hours). However, in some areas, local ordinances go beyond simply requiring snow removal. Some may also say where the removed snow can and cannot be piled up.
Certain towns may require property owners to remove snow from fire hydrants, benches, or public areas next to their own. Others may limit where you can pile the snow (putting snow on the road is against the law in several towns) or how high you can pile snow up along a walkway. Some may even restrict the type of road salt or other deicing materials you can use on your walkways and driveways.
No matter what the local ordinances indicate, avoiding getting hit with fines for improper snow removal is necessary.
Property Type
When dividing up snow removal responsibilities, who gets allotted the assignment also depends on what type of rental property you have. For illustration, multi-family property owners are typically responsible for snow removal. On the other hand, for single-family rental homes, the majority of owners and landlords can allot the task of snow removal to the tenant.
In numerous instances, this arrangement may be feasible, especially if your tenant already handles yard maintenance and other necessary chores. However, you have to remember that the local ordinances are still applicable, so you should educate your tenant on suitable snow removal practices to avoid breaking local laws.
Tenant Ability
Your tenant’s ability to perform snow removal tasks properly and on time is a further factor to keep in mind. If your tenant isn’t physically able to carry out 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 illegal to require a disabled tenant to do snow removal, a lack of consideration for your tenant could significantly damage tenant relations. In such a circumstance, you may find the more ethical and profitable option to hire a professional property manager to perform it for your tenant or simply execute it yourself if you want.
Lease Documents
Most single-family rental property owners instruct their tenants to handle snow removal. And if you plan to do the same, you have to include clear language in your lease that spells out your tenant’s responsibilities related to that job. Another good idea is to use any applicable details from local ordinances if your tenant needs to comply with specific guidelines. Clear 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 specify that in the lease. In addition, it is important 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 like Real Property Management Unlimited is great because we can help you figure out the best way to handle weather-related maintenance at your rental property. Contact us or call 516-875-1600 today to acquire more information about our range of property management services in Babylon and places nearby.
Originally Published on Feb 4, 2022
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