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Art Maydan
  • Chicago, IL
94
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414
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Who Handles Winter Maintenance? Liability?

Art Maydan
  • Chicago, IL
Posted

I'm house hacking a duplex in Chicago and the winter is bringing a host of new issues to address. I should have thought about this when putting together the lease, but I didn't so here I am now.

1. Whose responsibility is snow shoveling? I'll do my own areas and the common areas, but do I need to shovel the area leading to the tenant's unit? Who's responsible for this once I move out and it's fully rented?

2. What's my liability? If a tenant slips and falls, can I lose in court?

3. Do I need to keep salt on the ground? If the liability is serious, it might be worth it. But that can get expensive.

My lease says, “Tenant shall, at their own expense and at all times, maintain premises in a clean and sanitary manner…”

For the next lease, I’ll probably add a separate section on outdoor maintenance. How is this handled? Who shovels a fully rented duplex in the winter? Who cuts the grass in the summer? Do I really need to hire someone to cut 100 square feet of grass and shovel some stairs? Can I provide the equipment and say in the lease that it’s the tenant’s responsibility? In that case, what’s my liability?

Thank you!

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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
5,175
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6,205
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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
ModeratorReplied

@Art Maydan -  if you used a standard chicago lease the owner is responsible for all snow removal and salting, so if you move out you need to hire out a company.  Please remember that if snow falls between 7a - 7p it must be cleared (including the city sidewalk) by 10p.  If snow falls from 7p - 7a you have to clear it by 10a - 7 days a week

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