Who is responsible for snow removal?
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Who is responsible for snow removal?
I rent an apartment and in my lease it says that the landlord is responsible for snow removal. What does that include? We have to shovel every storm – walkway and driveway. Isn’t he the landlord responsible for all this?
Asked on March 1, 2011 under Real Estate Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the lease says the landlord is responsible for snow removal, he's responsible for snow removal--period. If the lease doesn't define exactly what that constitutes, there could be an argument about what is involved--for example, if your town, like mine, requires that sidewalks be shoveled, your landlord could argue that his obligation is to shovel only those areas for which a ticket could issue (i.e. the sidewalk).
If there is any ambigiuity, you have to decide whether it's worthwhile trying to sue, if necessary, to enforce this provision. You may be best off making sure it's better defined in any lease renewals and in the meantime reminding your landlord that if anyone slips and falls, especially given that lease language, he's probably be liable.
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