03/09/2026
For all my landlords out there, here is an article from my Attorney friend Stan Komack regarding snow removal.
Dear Landlords and Property Managers:
When it comes to snow, ice and other wintry conditions, Landlords (and all property owners) owe a duty to act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries and the burden of reducing or avoiding the risk. In other words, if a property owner knows or reasonably should know of a dangerous condition on its property, whether arising from an accumulation of snow or ice, or rust on a railing, or a discarded banana peel, the property owner owes a duty to lawful visitors to make reasonable efforts to protect lawful visitors against the danger.
So, who is responsible for snow and ice removal at rental properties? Pursuant to the Massachusetts State Sanitary Code3
, for single unit residences, the occupant is responsible to
maintain free from obstruction all means of egress. For multi-unit residences, the owner/landlord is responsible for ensuring that every means of egress is maintained at all times in a safe and
operable condition. In the winter, this means keeping all exterior stairways, fire escapes, doors etc. free from snow and ice. In multi-unit residences the occupant may be responsible for maintaining any means of egress under their exclusive use and control free of snow and ice, as long as there is a written agreement that clearly identifies this responsibility. Do not forget to put salt and sand down to prevent slip and fall accidents. If tenants are responsible for removing ice and snow at your property, it does not hurt to supply shovels, sand and deicer.
Even though a Tenant may be responsible for removing snow and ice, what makes you think they will do what they are supposed to. As the owner of the property, it is ultimately your duty to make
sure that all necessary areas are clear of snow and ice. Make sure you personally confirm that the Tenants are doing what they are supposed to, otherwise it could create liabilities for you.
Tip from MassLandlords: If you have a large area to remove snow and ice from, whether it be multiple rental properties or a large parking lot, it may be beneficial to contract with a local snow removal company. Having a contract ensures you will be scheduled for snow removal during a storm, which eliminates the possibility of you having to scramble to find someone or do it yourself. Finding someone to help remove snow on an as-needed basis is unreliable and can put you in a precarious situation.
Be aware of your local ordinance laws for snow removal. Every town and city in Massachusetts has different rules about when snow must be cleared from your property to allow public access.
Most towns and cities also require property owners to clear the sidewalks in front of their properties. Therefore, it is important that you know how quickly the snow and ice must be removed. For example, in Springfield, Holyoke, West Springfield, Westfield, Pittsfield and Greenfield snow and ice must be removed from abutting sidewalks within 24 hours after snowfall has stopped. These places also prohibit throwing snow into the street during the removal process. Don’t forget about parking bans. During snowstorms cities and towns usually enact parking bans to make it easier for plows to clear the streets. You should make sure your tenants are aware of what to do when a parking ban is activated. For some this may mean making sure all cars are in the driveway. For others, it isn’t that simple, especially where there is limited off-street parking. Check with your town or city to see what solutions are offered. In some cases it may be that onstreet parking is allowed on one side of the road for a certain timeframe and then the other side of the road during a different time frame. Additionally, some cities open their parking garages or lots
during snowstorms to keep the streets clean. Always remember to check the weather during the winter months so that you can be prepared!
The above is intended to provide general guidance for legal issues. No attorney-client relationship is established. For answers relating to your specific facts, circumstances and questions, please feel free to contact me.
STANLEY D. KOMACK, ESQ.
Komack Law Offices, P.C.
734 Bliss Road, Suite 4, Longmeadow, MA 01106
(413) 785-1851
sdk@komacklaw.com
