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merc1100sc

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Posts: 1
Reply with quote  #1 

Hello all. great informative site by the way..

 

well, i own a 4 unit rental in Upstate, NY.

As many have heard we have gotten hit pretty hard w/ snow this week.

 

What I am wondering is about snow removal.

Who's responsibility is it?

 

that landlords or the tenants?

 

I have a buddy w/ a plow truck that lives down the street from the property and in his free time he'll plow quick as he is driving by.

But, i was under the impression it is the tenants responsibility to shovel??

 

what do you guys think?

 

Thanks

stlouislandlord

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Posts: 27
Reply with quote  #2 
if it's an apartment building (4-unit) like you said I'd say you're responsible for parking lot, etc, but they can shovel the walk-way immediately in front of their individual doors if their front doors lead outside.

If it was a SFR then it would be the tenant.
halds

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Posts: 2
Reply with quote  #3 
Depending upon your state tenant laws, which varies from state to  state, many states require the Landlord to maintain common areas of multirental units, which would include parking lots and private drives leading to the complex if there is one.

For single family residence, it is by default the responsibility of the tenant, but the Landlord can offer to upkeep the yard and snow removal as part of an incentive for renting.  Or as I do, the tenant or his hire must maintian the yard and walk/drive ways, or for a service fee of so much a month, I do the service for them.  All of this of course needs to be written into the rental agreement.

Hal
OHlandlord

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Posts: 3,801
Reply with quote  #4 

We just discussed this at tonight's LL meeting.  You definitely need to look this one up in your state's laws.  This responsibility varies greatly by state.  In Ohio, the LL is not responsible to keep any area clear.  Our state supreme court states that snow and ice is a naturally occurring hazard and we aren't responsible for it.  That said, if we have assumed responsibility for it in the past, we are then responsible to keep it done.  I make sure that all my tenants know that I will not clear their paths and that they are responsible to do it.  In a duplex or apt. bldg. I usually give one willing tenant a small discount to handle this duty.  If it's not done, it is the tenant's responsibility and fault.  Other states mandate that the LL must keep the paths clear.  Check in NY state laws on Landlord-Tenant law to see whose responsibility it is there.

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