Dealing with snow removal in Massachusetts

[Joe Rinella]

Hi everyone,

I'm wondering how other rental property owners handle snow removal in the winter in Massachusetts and other areas that get a lot of snow. With the amount of snow we got last year in Massachusetts, it seems that rental property owners would require having plows clean their rental properties multiple times a day on really bad days, and I would expect maintenance costs to go through the roof because of this.

Have you negotiated with snow removal companies to get good rates or do you have any other tips on dealing with snow removal? Is there an average rate to expect for snow removal per time they need to clean your lot? 

Unforeseen blizzards and high snow removal costs make it difficult to analyze deals effectively if you need to have a plow come by your property a couple times a day during a snow storm, multiple times a month if its really bad. I've heard that in these areas, investors make their money in the spring and summer months, and spend unused budget from spring and summer during the winter. However, if you end up spending all of your maintenance and repair budget in the summer, it seems there's a high chance of losing money or having negative cash flow in the winter.

Thanks,

-Joe

[Matthew Forbes]

So I am no Lawyer, but I am pretty sure this website knows what it's talking about.  Seems to me that the answer to the snow question is YES & NO depending on the structure.  Well worth readying if you own rentals in MASS!

http://massrealestatelawblog.com/tag/massachusetts...

From the site.......

I own a two family rental property with a driveway and one common walkway and entrance. Am I responsible for shoveling snow on the driveway and/or walkway?

The answer is yes. Under a 2010 Supreme Judicial Court ruling, all property owners (rental or owner occupied) can be held liable for failing to remove snow and ice from their property. The old rule was that owners didn’t have to remove “natural accumulations” of snow and ice, but the court overruled that in favor of a general obligation to keep property safe for all visitors and guests. There are also many local town and city ordinances which likewise obligate property owners to keep snow and ice off their property and sidewalks. I will discuss some of those below.

Can I use a lease which provides that the tenant is responsible for snow removal. Is that legal and will that protect me from liability?

It depends on your particular property. Landlords have the primary responsibility for snow removal at a rental property. Under the State Sanitary Code, property owners/landlords must keep all means of egress free from obstruction — that cannot be negotiated away. As for the removal of snow and ice, the Code provides that the landlord 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. Again, those obligations cannot be negotiated away.

A landlord may require the tenant be responsible for snow and ice remove in a lease provision only where a dwelling has an independent means of egress, not shared with other occupants, and a written lease provides for same. On its face, this exception only applies to entrance-ways and not driveways or parking areas. I am not aware of a court ruling on this particular Code provision, but if I were a landlord I would not risk being on the wrong side of a “test case” where someone is injured badly.

So, in the example above with an owner occupied two family with one common entrance and driveway, that lease provision would be illegal.

Even if the tenant is responsible for snow removal under a legal lease provision, the landlord could still face personal injury liability for slip and falls on snow and ice under the SJC ruling. A guest or visitor who is injured due to untreated snow or ice will likely sue both the property owner and the tenant. The property owner must ultimately ensure that the property is safe for visitors.