What obligations do tenants and landlords have regarding ice and snow

When it snows, it often means work for homeowners: As part of their duty to maintain safe conditions, they must ensure that the sidewalk in front of their property is free of snow and ice and thus safe to walk on. However, owners of apartment buildings can transfer this duty to their tenants or hire service providers. This article reveals the rules that apply to owners and tenants regarding the duty to maintain safe conditions in ice and snow.

What exactly does the duty to maintain public safety regulate?

According to the Lexicon of Real Estate Economics (Grabener Verlag), the duty to maintain public safety obligates anyone who creates a source of danger „to take all reasonable measures to eliminate the source of danger.“ A source of danger is sometimes also created by omission, for example, by failing to shovel snow.

Who defines rules for snow and ice removal obligations?

Primarily, the municipalities are responsible for clearing streets and sidewalks of ice and snow. However, they can transfer the obligations regarding sidewalks to residents via their bylaws. In that case, homeowners bear the responsibility. But they, too, can pass the duty on.

Are tenants obliged to shovel snow?

Tenants of a house or an apartment in a building must clear the snow in front of their front door if a corresponding clause in the rental agreement obligates them to do so. The landlord can therefore pass on the duty to ensure public safety. However, simply stipulating a snow-clearing obligation for tenants in the house rules is not sufficient for this purpose.

If tenants have to shovel snow: Do landlords retain any obligations?

Yes. Even if landlords have passed on the obligation to shovel snow to tenants, they are not free from responsibility for snow- and ice-free sidewalks in front of their property. Ultimately, they have a kind of supervisory duty. They must ensure that their tenants comply with their obligation to clear snow. If a landlord fails to fulfill this obligation, in the worst-case scenario for them, they can be held liable if someone is injured on the uncleared sidewalk.

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Are there penalties if you don't shovel the snow?

That differs from state to state. In some federal states there are penalties for which upper limits are defined. Other federal states only stipulate that fines are fundamentally possible, while others still do not provide for any penalties for failure to clear snow. In any case, there is a risk of costs for damages if someone gets injured due to a failure to fulfill clearing duties.

Do illness or vacation exempt one from the duty to maintain public safety?

No. Anyone who goes on vacation or gets sick must make sure that someone takes over the snow removal service.

Can landlords hire service providers for snow removal?

If landlords have not transferred the duty to maintain public safety regarding snow and ice to tenants, they must ensure the sidewalks in front of their property are cleared themselves. However, this does not necessarily mean they have to do this work themselves. They can hire service providers and potentially include the costs in the rental ancillary costs.

When and how do you have to clear snow from sidewalks?

As rough guidelines for the times: On weekdays, you usually have to ensure that the sidewalk in front of the respective property is sufficiently cleared of snow and ice from 7 a.m. to 8 p.m. On Sundays and public holidays, the sidewalk often only needs to be sufficiently free of snow and ice from 8 or 9 a.m. But what does "sufficiently" mean? The basic rule here is: The area cleared of ice and snow must be at least wide enough for two people to stand next to each other. One meter is therefore the minimum width. However, some municipalities require even more. Therefore, in case of doubt, you should check with the municipality. They define the rules that homeowners living in the property themselves, landlords, or tenants must follow in order to fulfill the duty to maintain safe conditions for public use. And these can deviate from the orientation values given here.

Is it allowed to use salt on icy sidewalks?

In many municipalities, private individuals are not allowed to scatter road salt.

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