Snow Removal, Who is Responsible?

   Winter finally found us her in New England after its complete absence last year and a late start this year.  This weekend, the meteorologists are predicting our third snowstorm in as many weekends.  The question is, who is responsible for the shoveling?  The tenant or the landlord.  The answer is, it depends.

     In most instances, the landlord is responsible for keeping the "exterior stairways, fire escapes, egress balconies and bridges free of snow and ice."   However, if a unit has an independent entrance/exit which is not shared with other occupants, then the Landlord can require the tenant to shovel that particular egress, so long as it is in a written lease. In effect, if you are a Landlord renting a whole house or perhaps if you have a multifamily where each unit has its own separate entrance/exit, then you can require your tenants to shovel their own walks.  Otherwise, you, as the landlord have that responsibility.

    This obligation, however, does not appear to extend to any parking area.  However, as a practical matter, you may want to hire a plow service (and make sure you factor that into the rent when you figure out how much to charge) to avoid disputes between tenants, make sure the snow is not dumped into the street and generally to keep tenants happy.

Landlords, Tenants and Carbon Monoxide Detectors

    There have been a number of news reports about carbon monoxide poisoning due to generators running during the storm, blocked heating exhaust pipes and blocked car exhaust pipes.  There is no question that carbon monoxide is an odorless gas that can quickly overwhelm a person.

    Landlords are obliged to provide both carbon monoxide detectors and smoke detectors under the State Sanitary Code.  In order to determine the requirement(s) for your building, you should be in touch with your local fire chief.  Aside from the fact that violations of the Sanitary Code can lead to monetary sanctions, the failure to have properly installed detectors could lead to deadly consequences -- a burden no landlord should want on his or her conscience.  Landlords should check to make sure that the furnace exhaust and the dryer exhaust is not blocked by snow.  This is a simple and easy fix that everyone should undertake anytime there is a significant snowfall.

   If you are a tenant make certain that you have carbon monoxide detectors and check your exhaust vents.  Don't wait for the landlord to make his or her way over to you.  If you don't have carbon monoxide detectors, be in touch with your landlord immediately.  If your landlord can't attend to it quickly, then notify him or her in writing that you will be purchasing the detectors and deducting the cost from your rent. Alternatively, call your local inspectional services department or health department.  Check your exhaust vents as well.  If they are blocked and you can do so, clear them and let your landlord know.  If they can't be easily accessed due to brush or excessive snow, let the landlord know.  I'm not usually this dramatic, but your life may depend on it.