Does anyone in the ibrattleboro community know exactly what a landlord’s legal responsibility is in terms of shoveling steps and walkways on their property?
The house I live in is managed by a local ‘property management” and any time there is a major storm on the weekends he never has anyone come to shovel. Currently, my walkway is like a skating rink -there is no way I could safely walk on it-especially since I now have to use a cane.
This is an ongoing problem (one of many) and my solution has been to have my son come and shovel. Snow and ice removal is included in my lease and, even when it is done-it’s done in a haphazard manner that almost always requiring additional shoveling on our part. I’m having knee surgery later this month and will be on crutches for several weeks but will need to get out to medical appointments. I’d like to find a solution to this unsafe situation before then. Thanks.
The Lease
The governance organ between renters and the landlord is the lease. There is where the responsibilities between the lessor and lessee are stipulated.
Sidewalk responsibilities are often municipal property and or are under municipal control and are found under town or city ordinances.
None of this being in black & white Kris, I’d check with the town clerk’s office to be sure.
Thanks, Vidda. I know he
Thanks, Vidda. I know he isn’t necessarily responsible for the actual sidewalk but according to my lease he is responsible for clearing snow/ice from the porch steps and the walk leading to the sidewalk. I thought there was perhaps some time limit on when this had to be done – But, it’s now almost 6 o’clock- more than 24 hours from when the storm began and nothing has been done. Now,of course, the temperatures are dropping and it will be even more treacherous.I’ll give Town hall a call in the morning, though.
You'll need to provide from
You’ll need to provide from your lease the exact wording regarding responsibility for clearing snow/ice on the property, for anyone to provide any real advice.
My lease states that the
My lease states that the landlord (property management company ,in this case) is responsible for clearing outside steps, porch and walkways from snow and ice.I would hope that anyone who rents to persons with physical disabilities would feel a more than average responsibilty to make sure that their tenants can enter and exit their property without injury caused by icy steps or walks.
According to the housing inspector and the fire chief -even without it spelled out in a lease they have an obligation to clear the walkways. According to the ADA- landlords must provide a safe entrance and exit path for their tenants.
This has been going on for years – it’s just particularly bad this year.
I don’t anticipate any major changes coming about until one of the tenants fall and injures themselves.
It is a bad year
One had to do a great job clearing last Saturday before the temperatures dipped below freezing to have clear walks now. Uncleared areas are rock solid and will remain that way for some time, without major assistance from heavy machinery.
For the most part, things are warmer than ever. Old newspapers from this time of year frequently mention 20 below temperatures, or weeks with sub-zero weather. There are rare January thaw mentions, but the mentions of below zero seem more frequent than we see nowadays.
We’ve also been asking property owners to clear their sidewalks for about 150 years, with regular laws, fines, and public shaming thrown in for added measure. : )
Soon they will shovel. Really. They will.
In the past I have just
In the past I have just shoveled the walkway myself but for the past 2 years have been unable to do that due to medical issues. There was ample time to shovel when those temperatures were in the high 40s on the weekend. My housing situation tends to be one that no action is taken to remedy any bad situation ( icy walkways; no heat; faulty electrical problems, smoking in a non smoking building, etc)) until I bring in some kind of town/state agency. I don’t understand that kind of mindset. You’re being paid to “manage” a property. Do your job. Take care of problems when they are an easy fix rather than let everything escalate to citations and courts and legal brouhahas.I don’t understand that kind of strategy.
N.Y.C.
In NYC it is commonly accepted that the sidewalks are the responsibility of the owner. (I don’t know what the statutes actually say). So, the sidewalks are usually clean and dry.
Again, it was commonly accepted that the owner would be automatically declared negligent if anybody injured themselves on an unshoveled sidewalk, and would be the loser by default in a lawsuit.
It was even rumored that certain people would search for unshoveled sidewalks in order to fall and sue.
It isn't the public sidewalk
It isn’t the public sidewalk I was asking about- my question is what is a landlord’s responsibility to clear the steps and walkway on his property. The sidewalks generally get shoveled or plowed but if it’s impossible to get down ice covered steps and walkway to reach the sidewalk it’s a problem. I was hoping someone might be a landlord and know the answer. But, interesting about NY. I wish that sense of responsibility happened here.
Bringing up the sidewalk was
Bringing up the sidewalk was my misread.
But, the NYC comment is interesting because it is partially true. Oftentimes you’ll see a shovel’s-width of clearance on sidewalks but it’s better than nothing. Sometimes you’ll see stretches of clearance, then a stretch of no shoveling…probably some of that are the snowbirds away for the season. And I remember people joking let’s go out and slip on someone’s sidewalk to make some extra bucks.
Nyc shoveling
Your lease should spell it out. As a landlord, my lease doesn’t mention it, but communication is always best. If your lease says the landlord should, and they don’t, I would tell them you are going to pay for someone to do it and deduct it from your next rent check. Put this in writing. Regarding nyc sidewalks ( a tangent you don’t necessarily care about) I used to live there, and I read that if a landlord does not shovel the sidewalk and someone injures themselves it is not the landlord’s fault, because snow is an act of God. But, if a landlord shovels in a less than through manner and someone slips, then it is the landlord’s fault. That may have been just for the first 24 hours or so.
Brings back memories
In High School, we had a functionary called the “Dean of Discipline” During my tenure,the incumbent was a priest: The Rev. Stanislaus P. Jablonsky. We all called him “Jabbo”.
Tangents into an arctic blast
This piece does have a few cool tangents…but I hope Kris gets her snow and ice resolved.
This unexpected and sudden arctic blast is pushing us down to -10 by Wednesday night. Damn…
Yesterday, after my son
Yesterday, after my son called the property management office and I contacted both the town and Brattleboro Housing (this building has subsidized apartments in it) there was a half assed shoveling job done. Walkways are still icy -no sand/ice melt was put down but at least I can – with a great deal of caution and some help- walk to the sidewalk. The saga continues….