Require tenants to shovel in an owner occupied home?

7 Replies

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 

 @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.

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.

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.

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. 

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.

Thanks all for the advice and recommendations!

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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