Snow Removal and Obligations of Landlords

By Kyle Cirac

Recent storms have brought large amounts of snow to Reno and the surrounding area.  As the snow accumulates, property owners often question whether they need to remove snow.  The answer requires taking a look at both city and state laws.

The Reno Administrative Code specifies that property owners are responsible for the general maintenance of the sidewalk, including removal of snow and ice. (RAC Sec. 12.20.005).  Property owners have an obligation to remove snow and ice from the sidewalks abutting their property.  However, the answer isn’t always so clear when it comes to rental properties.

Landlords may include a provision in the rental agreement which states that the tenant is responsible for removal of snow and ice from the sidewalks and driveway.  When drafting a provision for snow removal, you should be specific about time constraints, how wide any walkways need to be, and where the excess snow may be placed.  When requiring the tenant to perform snow removal, some landlords also provide shovels and salt to assist with snow and ice removal.  If a landlord manages the property from out of state, a private snow removal service provider may also be an attractive option.  It is in the landlord’s best interest to ensure that the snow removal is completed in a reasonable amount of time, so a private service provider may be a more efficient alternative.

In mobile home parks, the landlord is required to remove snow from the sidewalks and streets within the park, and from sidewalks adjacent to the street (NRS 118B.090).  Private snow removal service providers are common in mobile home parks.

Snowstorms are unpredictable, both as to when they will occur and the resulting amount of snow.  The time period in which a service provider may be able to remove snow is subject to availability and any existing agreements with other property owners.  These factors create problems for property owners, as it is not clear how long they have to complete snow removal from sidewalks and parking lots.  The cautious approach is to remove snow and ice as soon as feasible to prevent any incidents from occurring on your property.

If the property in question is subject to a rental agreement and you are unsure whether you are required to remove snow and ice from sidewalks, parking lots, or other areas on the property, you should first read your rental agreement to determine whether the issue is addressed.  If it is not clear on the matter, consult a lawyer to discuss your obligations.

            * The foregoing information is of a general nature.  Landlords and tenants should contact their legal counsel with questions for advice concerning specific situations.