Require tenants to shovel in an owner occupied home?

Require tenants to shovel in an owner occupied home?

Investor · Danvers, MA · Member since 2017 · 32 posts · 6 votes

I live in my property in Massachusetts and my tenants are  able bodied young professional men. Are we legally able to put it in the lease that they are responsible for removing snow from their side of the building. 

I will happily do it if I am around but if I am ever away Or something like that. When I was renting in New Hampshire I was responsible for snow removal. 

Thanks 

Matt 

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Contractor · Greenfield, MA · Member since 2017 · 107 posts · 99 votes
8y
if it's more than 2 units the landlord is responsible for snow removal. not sure about owner occupied though. on a side note, you may want to go ahead and make sure all the sidewalks are clear because that's on you if someone takes a dive.
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  • Massapequa, NY · Member since 2017 · 90 posts · 42 votes
    8y

     @Matt Steele Yes absolutely you should require that they clean up their area of living. I would just legally add an addendum to the lease stating so.

  • Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Matt Steele:

    I live in my property in Massachusetts and my tenants are  able bodied young professional men. Are we legally able to put it in the lease that they are responsible for removing snow from their side of the building. 

    I will happily do it if I am around but if I am ever away Or something like that. When I was renting in New Hampshire I was responsible for snow removal. 

    Thanks 

    Matt 

     Here ya go man:

    CMR 410.452 covers “Safe Condition” of a premises. It states in part that:

    The owner shall maintain all means of egress at all times in a safe, operable condition and shall keep all exterior stairways, fire escapes, egress balconies and bridges free of snow and ice, provided, however, in those instances where a dwelling has an independent means of egress, not shared with other occupants, and a written letting agreement so states, the occupant is responsible for maintaining free of snow and ice, the means of egress under his or her exclusive use and control.

  • Contractor · Greenfield, MA · Member since 2017 · 107 posts · 99 votes
    8y
    if it's more than 2 units the landlord is responsible for snow removal. not sure about owner occupied though. on a side note, you may want to go ahead and make sure all the sidewalks are clear because that's on you if someone takes a dive.
  • Investor · Manchester, NH · Member since 2016 · 164 posts · 83 votes
    8y

    Give the Tenants a monetary incentive to shovel their walkway or hire a 3rd party to do it.  If you can find a reliable neighborhood kid, looking for a few extra bucks that could be a solution too. 

  • Jimmy MurrayBusiness Member
    Investor · Warwick, RI · Member since 2013 · 220 posts · 119 votes
    8y

    I second the points that @Alfred Edmonds made. 

    We typically require single family residents to clear the snow. Outside of that, in any multi-family scenario we provide the service on behalf of the owner.

  • Investor · Danvers, MA · Member since 2017 · 32 posts · 6 votes
    8y

    Thanks all for the advice and recommendations!

  • Real Estate Investor · Peabody, MA · Member since 2013 · 304 posts · 91 votes
    8y
    Legally yes you are responsible. In reality look around you, 99% of smaller multifamily owners cannot go shovel every means of egress and staircase especially when they own multiple buildings. I have yet to have a plow guy even offer to do it and when I ask it at least doubles the price. At the end of the day at least buy them shovels and rock salt.
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