Snow removal in lease/Ma. - Landlord Forum thread

Snow removal in lease/Ma. by Anonymous on February 7, 2010 @18:22

Hello
Tenants have always shared in shoveling snow in this 2-faimly home and it is also in the lease. This has never been an issue until lately when in mediation at court for non-payment of rent and possible eviction, my tenant was told by the housing specialist that tenants are not responsible for snow removal.
I have since been shoveling snow, even though the other tenants in the home agreed to. It's not fair to them, they are very good tenants and pay on time.
Any advice on Mass. laws
Thank you

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Re: Snow removal in lease/Ma. by Anonymous on February 7, 2010 @18:37	[ Reply ]
You need to ask the housing specialist where it is written.

Re: Snow removal in lease/Ma.

Re: Snow removal in lease/Ma. by Anonymous on February 7, 2010 @21:25

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I imagine it has something to do with the liability laws in most states where slip and fall injuries due to failure to remove snow & ice are subject to liability against the homeowner. If the LL were able to transfer this liability to a tenant, then the injured person would not be able to claim against the tenant, as they are not the land/homeowners, and renter's insurance does not cover personal injury.

Just my $0.02

Re: Snow removal in lease/Ma. by Anonymous on February 8, 2010 @09:37

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Its 410.452 sanitary code of the state sanitary code.

Tenants can only be required to clear walkways that are for their exclusive use.

I posted yesterday under SNOW, SNOW, SNOW REMOVAL a suggestion to separately hire a tenant, making the rental lease and snow removal contract two separate things.