If you own a rental property somewhere with snowy winters, you may be thinking about how to handle the responsibility of snow removal. Rules regarding snow removal for rental property owners are surprisingly different and occasionally difficult. As a result, it’s critical to allocate snow removal responsibilities well before the first flakes fall. But who should be doing it – you or your tenant? That relies on a few factors, which we will go over in greater detail below.
Local Ordinance
Initially, check your local ordinance to determine your snow removal responsibilities. In several but not all places, local laws need property owners to remove snow from nearby public sidewalks and driveways within a specific time frame (usually 24 to 48 hours). However, in some areas, local ordinances go beyond simply requiring snow removal. They may also indicate where the removed snow can and cannot be piled up.
Certain municipalities may require property owners to remove snow from fire hydrants, benches, or communal areas near their property. Others may limit where you can pile the snow (throwing snow in the road is against the law in several towns) or how high you can pile snow up along a walkway. Some might even restrict the types of road salt or other deicing materials that can be used on walkways and driveways.
Regardless of the local ordinances, avoiding getting hit with fines for improper snow removal is critical.
Property Type
When it comes to snow removal responsibilities, who receives the chore is contingent upon what type of rental property you own. For instance, multi-family property owners are almost always responsible for snow removal. Yet, for single-family rental homes, most owners and landlords can transfer the task of snow removal to the tenant.
This arrangement can be effective in a variety of situations, particularly if your tenant already handles yard maintenance and other basic responsibilities. Yet, it’s critical to keep in mind that the local ordinances still apply; therefore, you should educate your tenant on correct snow removal practices to avoid breaking local laws.
Tenant Ability
Another issue to consider is your tenant’s ability to perform snow removal operations appropriately and on time. If your tenant isn’t physically able to undertake such activities or is a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. While it is not technically illegal to require a disabled tenant to perform snow removal, a lack of consideration for your tenant could greatly damage tenant relations. In such instances, you may find the more ethical and profitable option to hire a professional property manager to do it for your tenant or simply do it yourself if you want.
Lease Documents
Several single-family rental property owners request that their tenants handle snow removal. If you intend to do the same, make sure to add clear language to your lease outlining your tenant’s responsibilities for that work. Another excellent practice is to provide any relevant information from local ordinances if your tenant must follow specific regulations. Proper lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of a dispute.
On the other hand, if you plan to provide snow removal, include that information in the lease as well. You should also include expectations for that service, such as moving vehicles or not parking on the street throughout snow removal service hours.
One benefit of hiring a property management company such as Real Property Management Summit is that we will assist you in determining how best to handle weather-related maintenance at your rental property. Contact us or call 540-315-8090 today to find out more about our range of property management services in Staunton and surrounding areas.
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