Who Is Responsible for Snow Removal: Tenants or Landlords?

As winter approaches, one common question arises for many property owners and renters: Who is responsible for snow removal—tenants or landlords? Understanding this responsibility is crucial, as it affects safety and legal liability.

Landlord Responsibilities

In Massachusetts, property owners, including landlords, have a duty to exercise "reasonable care" to protect visitors from hazards, which includes the removal of snow and ice. This responsibility is legally mandated to ensure that all means of egress, such as stairways, walkways, fire escapes, and doorways, remain clear of snow and ice. Landlords are generally held accountable for keeping these areas safe and accessible, minimizing the risk of slips and falls.

The state’s sanitary code requires property owners to maintain all exits in a safe, operable condition at all times. Landlords cannot simply transfer this responsibility to tenants through a lease agreement unless specific conditions are met. These conditions include the tenant having an independent means of egress not shared with other tenants, and the requirement for snow removal must be clearly stated in a written lease agreement.

Tenant Responsibilities

While the primary responsibility for snow removal typically falls on landlords, there are situations where tenants might be required to handle it. For instance, if a tenant rents a single-family home or has exclusive access to a particular entrance, the lease agreement might specify that the tenant is responsible for snow removal. However, even in such cases, landlords should be cautious. If an injury occurs due to unremoved snow or ice, the landlord might still face liability, regardless of what the lease states.

It’s essential for both landlords and tenants to review their lease agreements to understand who is responsible for snow removal. A clear agreement can prevent misunderstandings and ensure that both parties are aware of their obligations.

Legal Implications

Failure to properly remove snow and ice can lead to significant legal implications. If someone is injured on the property due to hazardous conditions, the property owner—whether it is the landlord or tenant—could face legal liability. To protect themselves, landlords should consider including clear snow removal clauses in lease agreements and hiring insured snow removal services to handle the task.

Sellers and Snow Removal

For property sellers, snow removal is equally important. A property covered in snow and ice is not only less appealing to potential buyers but also poses a liability risk. Sellers should ensure that their property is adequately maintained throughout the selling period, either by handling snow removal themselves or hiring a professional service.

Conclusion

In summary, the responsibility for snow removal in Massachusetts generally falls on landlords, but there can be exceptions based on lease agreements. It is crucial for both landlords and tenants to understand their responsibilities and ensure that snow removal is handled effectively to maintain safe and accessible properties. Clear communication and legal agreements are key to avoiding disputes and liabilities during the winter months.

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