If you own a rental property in a place with snowy winters, you may be contemplating how to cope with the responsibility of snow removal. Rules concerning snow removal for rental property owners are notably diverse and occasionally complex. Consequently, it is imperative to allocate snow removal responsibilities in advance of the initial snowfall. Who is responsible for this work – you or your tenant? The answer depends on numerous aspects, which we shall further discuss below.
Local Ordinance
Initially, consult your local ordinance to know your snow removal responsibilities. In numerous places, local laws require property owners to remove snow from nearby public sidewalks and driveways, typically within a certain period (usually 24 to 48 hours). But in other locales, local ordinances go beyond simply requiring snow removal. They may also indicate where the removed snow can and cannot be piled up.
Certain cities may require property owners to remove snow from fire hydrants, benches, or communal places close to their premises. Others may limit where you can pile the snow (placing snow on the road is against the law in some municipalities) or the allowable height at which you can pile snow up along a walkway. Certain rules may restrict the kind of road salt or other deicing materials you can use on your walkways and driveways.
Irrespective of what the local ordinances state, avoiding getting hit with fines for improper snow removal is crucial.
Property Type
The allocation of snow removal responsibilities is dependent on the type of rental property you own. For example, multi-family property owners are almost always responsible for snow removal. Nevertheless, for single-family rental homes, most owners and landlords can delegate the task of snow removal to the tenant.
This scenario can be effective in several instances, mostly if your tenant already handles yard maintenance and other essential tasks. However, you need to keep in mind that the local ordinances remain in effect; therefore, you must educate your tenant on correct snow removal practices to avoid breaking local laws.
Tenant Ability
Another important thing to consider is your tenant’s ability to perform snow removal duties correctly and on the dot. If your tenant isn’t physically able to achieve such duties or is classified as a member of a protected class under the Americans with Disabilities Act, you may need to make other arrangements. While instructing a disabled tenant to perform snow removal is not explicitly unlawful, a lack of consideration for your tenant could severely damage tenant relations. In these instances, the most ethical and profitable option may be to hire a professional property manager on behalf of your tenant or to perform the task personally if that is your preference.
Lease Documents
Many single-family rental property owners necessitate their tenants to handle snow removal. If you want to continue in a similar manner, it is crucial to include clear language in your lease that discusses your tenant’s responsibilities for that task. Another effective practice is to incorporate relevant data from local ordinances if your tenant must adhere to specific guidelines. Explicit lease documents can help your tenant understand their snow removal responsibilities and can be an invaluable resource in the event of a conflict.
Alternatively, if you plan to provide snow removal, write that in the lease agreement as well. Additionally, it is important to include expectations pertaining to the service, such as relocating cars or refraining from parking on the street during snow removal service hours.
One significant perk of hiring a property management company like Real Property Management Verita our aid in effectively handling weather-related maintenance for your rental property. Contact us or call 321-972-6823 right now to find out more about our range of property management services in Winter Park and neighboring areas.
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