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.