Icy driveway in Minnesota

[Patricia Fox]

I live in Minnesota, tenant is complaining about driveway being icy she has a hard time getting her car in the driveway.  She needs tires and drives a rear wheel drive car. What are my responsibilities as a landlord?

[Brad Schaeppi]

The answer is there needs to be a specific plan in place--either with a contractor, an employee, or the tenant.  See below for more detail.  Slip and fall cases are filed by tenants all the time.  Knowing and following the law plus good business documentation will go a long way to defending that case---even if it is your insurance company.  

Any lease or contractor language should be specific about snow removal to meet any city ordinance for property location (city) and type of property (residential vs. commercial)--sidewalks, driveway, if sand/salt applied, and frequency.  City ordinances generally speak to sidewalks, but note tenants may call the city about parking areas to leverage against the rental license.  

City regulations may differ from a residential duplex to a commercial apartment building.  See City of Minneapolis Snow Shoveling Rules webpage  and City of Minneapolis Clearing (24 hours for 1-2 units, 4 hours for commercial--after ceasing of all snow).  Notably, the ordinance, 445.20 requires the sprinkling of sand where snow or ice cannot be removed.  In summary, if there is a slip and fall on ice/snow, and there is a city snow removal and sand ordinance that the landlord cannot prove was met with written evidence, then the landlord may be more exposed to damages.  

ALSO--this is a great opportunity to remind landlords that in Minnesota, a landlord cannot shift maintenance to a tenant without "adequate consideration" and set forth in "a conspicuous writing."  504B.161 Subd. 2.  Yes, this means shoveling snow, mowing lawn, changing filters, etc.  I DO NOT advise landlords or management companies to bake in a sentence into the lease stating, "tenant acknowledges consideration in reduced monthly rent amount for maintenance services."  It is BEST to have a specific monthly dollar amount for each maintenance service per month that then is reconciled each month (ask your accountant for proper advice on reduced rent or charge full rent and send monthly payment to tenant for maintenance).  For skeptics out there, good luck on your eviction for non-payment of rent when your tenant raises a defense of maintenance without compensation.  If the tenant has been doing a maintenance service for years without compensation, a Minnesota landlord may end up owing the tenant money greater than rent owed, and out a lot of money.