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Nadir M.#5 General Landlording & Rental Properties Contributor
  • Property Manager
  • Westminster, CO
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Who's responsible for snow removal — landlord or tenant? (Denver metro)

Nadir M.#5 General Landlording & Rental Properties Contributor
  • Property Manager
  • Westminster, CO
Posted

As we head into fall here in the Denver metro area, I've been revisiting snow removal clauses before lease renewal season kicks in. Denver and several surrounding cities have ordinances requiring property owners to get sidewalks cleared within a set window after snowfall — but a lot of leases I've seen just hand that responsibility straight to the tenant.

That mismatch creates some genuinely tricky situations:

If the lease puts shoveling on the tenant but they don't do it and someone slips, who actually ends up eating the liability — landlord or tenant?

For single-family rentals, is it more common to require the tenant to handle it themselves, or to contract out plow/shovel service and build the cost into rent?

For multi-unit properties, does it usually just get folded into a shared common-area budget instead?

I've seen landlords go every direction on this — strict lease language with penalty clauses for non-compliance, hiring a service and passing the cost through, or just eating it as a line item themselves for the liability peace of mind.

How do you all structure this in your leases, especially if you're in a snow-belt market? And has anyone had an actual liability scare because a tenant didn't shovel in time?

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Drew Sygit
  • Property Manager
  • Royal Oak, MI
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Drew Sygit
  • Property Manager
  • Royal Oak, MI
Replied

We're in Michigan and put it the responsibility on the tenants for ALL SFR.

We also put it on the tenants for all MFR with separate unit entrances or with no parking lots.

Over the years, we've had 3 attorneys continuously improve our lease language to:
1) Clearly & legally require tenants to clear snow within acceptable timeline
2) Make any city tickets the tenant's liability and we can charge it to them with a Processing Fee. It then becomes unpaid rent, which they can be evicted for not paying.
3) The liability concern for slip & fall is overblown. Anyone can claim slip & fall for any reason (lots of starving attorneys out there!)😖
Only logical solution is making sure the owner has adequate insurance and adds the PMC as additionally insured.

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