snow removal : ezLandlordForms

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Kent M

started a topic about 16 years ago

What are my legal obligations regarding snow removeal in MA?

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Shawn G

said about 16 years ago

I don't know about MA, but usually it depends on the city or township(their could be fines). If there is a public sidewalk you should probably clean up the snow as soon as possible to avoid falls and lawsuits.If the property is occupied by a tenant I would have had it in the lease, available thru this website, that they remove the snow.

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Denise S

said about 16 years ago

Snow removal may not only be a "legal" issue but more than that a liability issue. By failing to either describe in your lease that the tenant will be responsible for the snow removal or doing it yourself, if anyone were to slip and fall, it could leave you open for a lawsuit. Frankly, even shovelling can leave you open for a law suit but it is harder for the suing party to prove negligence.

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Donna M

said about 16 years ago

I put it in the lease that they are responsible for their own sidewalk to the door. They don't do it anyway !!

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Gregory G

said over 15 years ago

In MA you can not require the tenant to remove snow from common porches, stairs and walks.

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Donald G

said about 15 years ago

Deanna ' Ihave 3 apartments and if a person wants to shovel and he gets hurt and say he is working for you then really you would be his employer and you mwould have to cover his expenses You do not have workmans comp so I personally would hire a responsible person for this and make sure you have Liability insurance. Donald G Mass

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David C

said about 10 years ago

It is common for the snow removal is up to the tenant. I would have it noted in the lease that you provided a snowblower and it may be used until it does not work and will not be replaced, but the tenant must still clear the snow. They can be held responsible for someone slipping and falling and are in breach of contract if they do not clear the snow. I do like to work with the tenant as if they where to replace the snowblower then I would compensate them in some portion of the cost but the machine must remain on the property when they leave at the termination of the lease.

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Alex Y

said over 9 years ago

John - I would simply make sure whatever you agree to is spelled out in the lease w/ your tenants. Seems reasonable to me that you would wait until the snow stopped falling before having the common area snow removed (unless it is snowing for 24 hours straight). Although, I'm guessing that local contractors in your area that do snow removal on contract w/ large firms would know what your local laws are for that.. give them a ring to inquire as if you were a potential customer. All the best. Alex Yoder Dorman Property Management Colorado Springs AYoder@DormanRealEstate.com