Snow Removal is the Homeowner's Responsibility

If you are a person who owns rental income property, do you think you are saving money by making your tenant shovel the snow from your property? The answer is no. Most cities put the responsibility for snow removal on the homeowner. Specifically, removal of snow and ice from the entire sidewalk is required, not just a path. Making the tenant do snow removal is asking for trouble.

Why buy an expensive piece of real estate and then make the people who are helping to pay your mortgage perform snow removal work at your property? What if the tenant gets hurts while doing the work? Or has a heart attack?

It is a big risk. The more snow and ice your tenant is required to remove from your property, the bigger the risk. Better to do snow removal yourself. Or hire a company with their own insurance do the work.

In Boston and New York City. it is the homeowner's responsibility to shovel and maintain the property, free from snow and ice.

In Boston. the sidewalk. driveway and parking lot must be shoveled within three hours of the end of snowfall. In New York, Minneapolis. and Minnesota the same areas must be shoveled four hours after snowfall. Twenty-four hours in Minneapolis in homes and duplexes. In all cities. snow, ice and slush must be removed to the bare pavement. The areas must also be treated with sand. sawdust. ice melt. or other similar material.

Chicago has a "Snow Corps" of people who will shovel the snow for disabled and elderly homeowners. What is similar in the above cities is the citizens they serve. The elderly, disabled. and people with assistive devices all receive help to be in compliance with city ordinances.

As the homeowner, you are responsible for keeping your property free of snow and ice. If you unable to do so. you need to hire someone. You are not saving money by having your tenant shovel the snow from your property.

If the tenant shoveling the snow from your property does not do it in compliance with all the city requirements. you will pay the city fine for your failure to do it. If any person is harmed by your not being in compliance, the city will come after you as the owner. not your tenant.

"Margaret" is the owner of a 3-family home. She lives on the first floor. There are two tenants occupying the other two apartments. The large house includes a three-car driveway.

Margaret has included a snow removal clause in their leases. They are responsible for shoveling out their parking spaces when it snows. Margaret takes care of the sidewalk and stairs in front of the house.

The problem is the tenants never shovel out their spaces adequately. They only shovel just enough to get out of the driveway. They throw the snow anywhere. Even when Margaret supplies ice melt, the tenants do not put it down consistently.

When Margaret comes home from work, her parking space is covered with snow from her tenants' spaces. The entire driveway is covered with ice. Exasperated, Margaret gets out the ice melt.

She asks herself "how can I get them to shovel out their parking space and put down ice melt?" Well, that is the problem. It's her driveway, not theirs. Most tenants are not going to invest any more energy than is necessary. The property is your investment, not theirs.

If a tenant slips and falls on ice in front of your house and is hurt, expect to be sued. If a visitor slips and falls down your iced-up front stairs and is hurt, expect to be sued.

Any way it happens, if you are sued, you are going to put the claim in the hands of your insurance company. The company will work with the tenant or tenant's lawyer. Each will agree on a sum acceptable to both parties.

Insurance companies do not like to pay claims They will raise the amount of your insurance premium upon renewal to cover the loss.

You should review your homeowner's insurance policy to find out whether or not it covers you for a claim, due to your failure to maintain your property,

Too many claims, and your insurance company could cancel your insurance..

Homeowners who entrust their tenants with snow removal duty is a risk you may not want to take. It puts the liability of slips and falls on the strength or inclination of your tenants.

You need to find out if your homeowner's policy will cover a lawsuit against you due to your tenant's failure to remove snow from the property, and within the time span required.

Better to do the job yourself. Or hire a vendor with his own insurance to remove snow and ice from your property.