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Updated over 5 years ago on . Most recent reply
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Landlord liability for example, icey sidewalks
Hi, I am a new investor looking forward eventually to my first investment property. As such there are a bazillion things spinning in my head that I need to be educated on. One topic in the back of my mind is the landlord responsibility around issues of safety and negligence on the property. I haven't done a whole lot of research yet, I'm just throwing this out there broadly for some thoughts.
Obviously working smoke alarms, handrails, locks, and more, need to be in solid working order and a good condition. Beyond that, how far does liability extend?
Specifically this is the scenario that occurred to me: Is the landlord responsible for shoveling snow and de-icing driveways and walkways on the property? Let's say one day it rains. That night it freezes. The next morning the tenant walks out to go to work and they slip and fall on the ice and break their leg. Is that my liability as the owner/landlord? How can I possibly be there 24/7 to monitor and mitigate this?
Is this something you build into the lease?
What are other top property related potential liabilities from which to protect yourself?
Thanks for any guidance!
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- Here is the language I have in my lease.
- GROUNDS, LAWN AND SNOW:
The Residents agree to maintain the lawn and grounds as necessary. Grass shall be cut periodically and shall not be permitted to grow in access of 8”. Leaf cleanup will be done in a timely manner and lawn must be reasonably clear of leaves prior to anticipated snow accumulation. Resident shall contact the city to gain information regarding scheduled leaf pickup times. If the rented unit is a multifamily (duplex, etc), Residents agree to share these responsibilities with the other occupants of the building. If Resident does not maintain property to these standards, Property Manager will arrange a contractor to tend to the grounds and Resident(s) will be held responsible for the costs. The cost will be due along with the next month’s rent payment.
Snow removal, if required, is the responsibility of the Resident. Upon accumulation of snow and/or ice, Residents shall remove the snow and/or ice from the sidewalk in a timely manner as required by the city ordinances and place down salt if necessary to prevent ice buildup. If Resident is unable to remove snow accumulation or ice buildup, they may contact the Property Manager who may recommend a contractor who can perform these duties at the Resident’s cost.