Why should a lease contain a clause for snow removal?
A lease agreement or separate lease addendum should always address rental issues that specify landlord and/or tenant duties and responsibilities.
If the rental property is located in a region that receives winter weather (snow and ice), snow removal should be addressed in the lease for legal compliances with applicable state, city, and county regulations and assignment of responsibilities.
Tenant safety is a duty of care responsibility for a landlord. Snow and ice removal must be done to help keep tenants safe on the property and to maintain the property to good condition. Some states address the issue of snow removal by statute including specific responsibility for snow removal. Other states may address the issue in general but allow a landlord to determine specific responsibility for snow removal. City and county ordinances may also address the issue to further specify snow removal responsibilities and details of how and when snow must be removed.
Unless otherwise specified in the lease or by statute/ordinance, a landlord or property owner is generally responsible for snow removal for multi-unit buildings in a complex where there are common walkways and parking areas. In many states a landlord or property owner with multi-family/multi-unit properties is held responsible to maintain all means of egress at all times in safe and operable condition, including conditions of snow and ice.
Landlords with single-family residential properties may be able to transfer responsibility of snow removal to the tenant through appropriate language in the lease agreement.
The lease agreement must comply with the state and municipal laws on snow removal and clearly define details regarding the time frame and manner of snow removal.
By including the snow removal policy in the lease agreement, the landlord and tenant sign their agreement to duties and responsibilities for snow removal at the rental property. The policy, practices, and remedies for default are clearly detailed in the lease for understanding what will need to be done during conditions of snow and ice. The tenant is made aware of duties and responsibilities such as:
- Tenant responsibility for snow removal
- Landlord responsibility for snow removal
- The timeframe for snow removal by the tenant per applicable statute/ordinance
- Landlord remedies for tenant default of snow removal duties and responsibilities
A landlord may include in the lease clause a remedy that if the tenant does not perform to required statutory regulations, e.g., timely snow removal, the landlord may remove the snow and ice at the tenant’s expense. A lease clause may also assign to the tenant responsibility for injuries caused by the tenant’s failure to remove snow and ice per regulations and lease terms and conditions. The lease may also assign tenant responsibility for fines resulting from tenant failure to remove snow and ice per regulations.