If you own a rental property somewhere with snowy winters, you might be asking how to tackle the responsibility of snow removal. Snow removal for rental property owners is governed by a confusing set of laws and regulations. This is why, well in advance of the first snowfall, it is crucial to divide up the snow removal responsibilities. But should you or your tenant take care of this? We go into more detail about those factors below, although it is dependent on a couple of others.
Local Ordinance
Your snow removal responsibilities can be better understood by consulting the relevant local ordinance. Local laws usually tell property owners to remove snow from nearby public sidewalks and driveways within a certain period (usually 24 to 48 hours). However, this is not always the case. But in some locations, local ordinances go beyond simply requiring snow removal. Furthermore, they could specify where the removed snow can and cannot be piled up.
Some local governments may require property owners to remove snow from fire hydrants, benches, and communal areas next to their properties. Others may limit where you can pile the snow (throwing snow in the road is against the law in many areas) 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 use on your walkways and driveways.
No matter what 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 possess, snow removal responsibilities might be divided accordingly. For instance, multi-family property owners tend to be responsible for snow removal. However, for single-family rental homes, most owners and landlords can distribute the task of snow removal to the tenant.
If your tenant already handles yard maintenance and other basic responsibilities, this scenario can work in numerous cases. To avoid breaking local laws, it is crucial to remember that the local ordinances still exist and that you should educate your tenant on proper snow removal practices.
Tenant Ability
Another essential aspect to keep in mind is your tenant’s ability to perform snow removal operations accurately and on the dot. If your tenant isn’t physically able to accomplish such obligations or is believed to be a member of a protected class according to the Americans with Disabilities Act, you may need to make other arrangements. Although it is not technically unlawful to ask a disabled tenant to do snow removal, a lack of consideration for your tenant could drastically damage tenant relations. In cases like this, you may find the more ethical and profitable option to hire a professional property manager to accomplish it for your tenant or simply do it alone if you want.
Lease Documents
The majority of single-family rental property owners require their tenants to handle snow removal. If you intend to do this as well, you should add clear language in your lease that states your tenant’s responsibilities related to that duty. Another excellent tip is to provide any related information from local ordinances if your tenant is required to follow particular rules. In the event of an argument, clear lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource.
Alternatively, if you plan to provide snow removal, indicate that in the lease as well. You ought to also include expectations associated 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 Allegiance has the advantage that we can advise you on the best way to handle weather-related maintenance at your rental property. Contact us or call 786-206-8611immediately to get more information about our range of property management services in Aventura and surrounding areas.
Originally Published on Feb 4, 2022
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