If you own a rental property in an area that experiences snowy winters, you might be curious about how to handle the responsibility of snow removal. Laws regarding snow removal for rental property owners can be quite diverse and occasionally intricate. That’s why it’s a good idea to set up snow removal responsibilities well ahead of the first snowfall. So, who do you think should take care of it – you or your tenant? That really depends on a few things, which we’ll chat about in more detail below.
Local Ordinance
To start, check out your local ordinance to get a clear idea of your snow removal responsibilities. In various locations, local laws require property owners to remove snow from adjacent public sidewalks and driveways, typically within an agreed-upon period (usually 24 to 48 hours). But in certain areas, local ordinances go beyond simply requiring snow removal. They might 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 open spaces next to their property. Others may limit where you can pile the snow (throwing snow in the road is against the law in several cities) or how high you can pile snow up along a walkway. Some might even have guidelines on the types of road salt or other deicing materials you can use on your walkways and driveways.
It is really important to avoid getting hit with fines for improper snow removal, regardless of what local ordinances state.
Property Type
When allocating snow removal responsibilities, the assignment of tasks often depends on the type of rental property you own. For example, multi-family property owners are usually responsible for snow removal. However, for single-family rental homes, most owners and landlords can pass the task of snow removal to the tenant.
This situation can be quite beneficial in several instances, particularly if your tenant already handles yard maintenance and other essential tasks. However, it’s a good idea to keep in mind that the local ordinances are still in effect, so you should educate your tenant on proper snow removal practices to avoid breaking local laws.
Tenant Ability
Another great thing to consider is your tenant’s ability to perform snow removal tasks effectively and on time. If your tenant isn’t physically able to execute these responsibilities or is viewed as a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. Although asking a disabled tenant to do snow removal isn’t technically against the rules, a lack of consideration for your tenant could really damage tenant relations. In these situations, you might discover that hiring a professional property manager for your tenant is a more ethical and profitable option, or you can always opt to handle it yourself if that suits you better.
Lease Documents
Many single-family rental property owners request their tenants to handle snow removal. If you’re thinking about doing the same, it’s a good idea to use clear language in your lease that explains your tenant’s responsibilities regarding that task. It’s a great idea to include any associated data from local ordinances if your tenant needs to conform to particular laws. Clear lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource if any issues come up.
Alternatively, if you plan to provide snow removal, it’s a great idea to include that in the lease. You should also include expectations related to that service, such as moving vehicles or not parking on the street during snow removal service times.
One wonderful aspect of hiring a property management company like Real Property Management Steel City is that we’re here to assist you in figuring out the best way to handle weather-related maintenance at your rental property. Contact us or call 719-948-8155 today to discover more about our range of property management services in Pueblo and the areas around it.
Originally Published on Feb 4, 2022
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