If you own a rental property in a place with snowy winters, you might be questioning how to approach the responsibility of snow removal. Regulations governing snow removal for rental property owners are diverse and, at times, complicated. Consequently, you need to hand over snow removal responsibilities appropriately ahead of time. But who should execute it – you or your tenant? This is influenced by several factors, which will be elaborated on below.
Local Ordinance
First, inspect your local ordinance to learn about your snow removal responsibilities. In several but not all places, local laws expect property owners to remove snow from neighboring public sidewalks and driveways, typically within a specific time (usually 24 to 48 hours). However, in some areas, local ordinances go beyond simply requiring snow removal. They can additionally explain where the removed snow can and cannot be piled up.
Certain towns may require property owners to remove snow from fire hydrants, benches, or communal areas near their homes. Others may limit where you can pile the snow (chucking snow in the road is against the law in many towns) or how high you can pile snow up along a walkway. Certain regulations may restrict the kind of road salt or other deicing materials you can use on your walkways and driveways.
Whichever the local ordinances tell, avoiding getting hit with fines for improper snow removal is important.
Property Type
The assignment of snow removal responsibilities is contingent upon the type of rental property you have. For instance, multi-family property owners are often responsible for snow removal. On the other hand, for single-family rental homes, most owners and landlords can distribute the task of snow removal to the tenant.
This scenario is applicable in several situations, mostly if your tenant already handles yard maintenance and other basic tasks. However, it’s critical to recognize that the local ordinances still apply, so you must educate your tenant on suitable snow removal practices to avoid breaking local laws.
Tenant Ability
The tenant’s ability to perform snow removal chores effectively and punctually is an essential consideration. If your tenant isn’t physically able to take on such responsibilities or is considered a member of a protected class under the Americans with Disabilities Act, you may have to make other arrangements. Although it is not legally prohibited to mandate a disabled tenant to perform snow removal, a lack of consideration for your tenant may seriously damage tenant relations. Under these situations, you may consider hiring a professional property manager for your tenant as the most ethical and profitable option, or simply perform it yourself if you prefer.
Lease Documents
Most single-family rental property owners want their tenants to handle snow removal. To replicate this approach, be sure to add clear language in your lease that specifies your tenant’s responsibilities connected to that task. Another effective method is to include any relevant facts from local ordinances if your tenant has to conform to certain rules. Detailed 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, state that in the lease as well. You should also include expectations concerning that service, such as moving vehicles or not parking on the street during snow removal service hours.
The key benefit of hiring a property management company like Real Property Management Sugarland is that we will assist you with determining the optimal approach to handle weather-related maintenance at your rental property. Contact us or call 832-333-9923 today to find out more about our range of property management services in Houston and nearby cities.
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