If you own a rental property in a place with snowy winters, you may be contemplating how to manage the responsibility of snow removal. Regulations about snow removal for rental property owners are unexpectedly different and sometimes intricate. Therefore, it’s advisable to divide up snow removal responsibilities well long before the first flakes fall. But who is responsible for it – you or your tenant? That depends on a couple of factors, which we discuss in more detail below.
Local Ordinance
First, find your local ordinance to know your snow removal responsibilities. In many but not all places, local laws necessitate property owners to remove snow from nearby public sidewalks and driveways, regularly within a certain time (usually 24 to 48 hours). Yet, in other locations, local ordinances go beyond simply requiring snow removal. They may also define where the removed snow can and cannot be piled up.
Some municipalities may require property owners to remove snow from fire hydrants, benches, or common areas close to their property. Others may limit where you can pile the snow (pitching snow in the road is against the law in numerous cities) or how tall you can pile snow up along a walkway. Some may even regulate what sorts 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 significant.
Property Type
When dividing up snow removal responsibilities, who gets assigned the task also depends on what type of rental property you possess. For illustration, multi-family property owners are generally responsible for snow removal. Nonetheless, for single-family rental homes, most owners and landlords can delegate the task of snow removal to the tenant.
This situation can work in many cases, primarily if your tenant already handles yard maintenance and other basic tasks. Yet, it’s worth bearing in mind that the local ordinances still apply; therefore, you need to educate your tenant on suitable snow removal practices to avoid breaking local laws.
Tenant Ability
One more essential thing to remember is your tenant’s ability to perform snow removal tasks correctly and promptly. If your tenant isn’t physically able to achieve such obligations or is considered a member of a protected class under the Americans with Disabilities Act, you may have to make other arrangements. While necessitating an incapacitated tenant to perform snow removal is not officially illegal, a lack of consideration for your tenant could substantially damage tenant relations. In these situations, you may find the more ethical and profitable option to hire a professional property manager to complete it for your tenant or simply do it alone if you prefer.
Lease Documents
Many single-family rental property owners demand their tenants to handle snow removal. If you intend to proceed similarly, it is crucial to incorporate clear language in your lease that highlights your tenant’s responsibilities concerning that duty. It is advisable to incorporate pertinent information from local ordinances if your tenant is required to adhere to certain regulations. Detailed lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of a disagreement.
Alternatively, if you plan to provide snow removal, specify it in the contract of rental as well. You should also include expectations related to that service, including the relocation of cars and the prohibition of street parking during snow removal service operations.
One significant advantage of hiring a property management company like Real Property Management Piedmont is that we will help you determine how best to handle weather-related maintenance at your rental property. Contact us or call 404-480-4820 immediately to understand more about our range of property management services in Smyrna and its vicinity.
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