Is the landlord or the tenant responsible for snow removal in Utah? Good question, but there is no set answer for this question, and when asked, lawmakers say, “It depends.” With winter just a few weeks away, property owners and landlords need to have a plan in place for snow removal and know who is responsible for that plan.
A general rule, if you own an office building, apartment complex or even a house that is a rental and borders a public walkway, the landlord is responsible for keeping the sidewalk clear of ice and snow. There are also rules for specific time frames when snow needs to be cleared. Failure to comply generally results in a fine.
Most snowy states require snow to be removed within 24 hours after the snow has stopped falling. Municipalities may have additional rules or ordinances about snow removal that requires the owner or landlord or even the tenants to clear snow away despite what the state law requires. As an example, snow removal in Utah is charged to the municipalities and in Salt Lake City snow must be removed 24 hours after a snowstorm. Walkways around the property are required to be cleaned and de-iced.
For legal information on snow removal in Utah, read Salt Lake City Code 14.20.070. This ordinance applies to all businesses and residents. This city ordinance further requires snow to be removed from the entire width of a sidewalk plus it includes ADA ramps that go out into the street.
There are also rules and regulatory requirements based on the type of rental property in question. For example, the ordinance generally states that rental properties with three or more units require the landlord to remove snow. However, if you are thinking about a single-family rental home, the snow removal is the responsibility of the tenants.
Ensure that the wording on your lease agreement eliminates the confusion of who is responsible for snow removal. The lease agreement needs to reflect the state or municipal laws on snow removal and define any details concerning time and products. If your lease agreement has no provisions for snow removal, create an addendum that expressly states who will take care of snow removal. Both the landlord and the tenant need to sign the agreement.
Commercial Building Parking Lots
If you are like many Utahns, you probably wish for snow. But the white stuff that Utah is so famous for causes havoc on parking lots for strip malls, business buildings, and government buildings. Businesses need to know their responsibilities when it comes to clearing the snow from parking lots. The answer to this question is fairly obvious. It is the landlord’s responsibility to keep the parking lots available for customers and patrons. But is it?
As stated by the Law Insider, “The plowing of snow from all driveways and unobstructed parking areas shall be at the sole expense of LESSOR.”
Additional statements go on to say that the Landlord shall cause snow to be removed from the parking areas and walkways adjacent to the building to the same extent of snow removal provided to the parking areas and walkways at or adjacent to other buildings in the area.
The third statement concerning snow removal in Utah states, “that the lessor will be responsible for the removal or other treatment of snow and ice on walkways sidewalks, entryways and parking areas.” Notwithstanding the previous statements, however, the lessee shall hold the lessor harmless from any claims by the lessee’s agents, representatives, employees or business clients for damage or personal injury resulting from snow or ice on any area servicing the Building, providing the lessor has performed snow and ice removal.
However, when discussing snow removal with the landlord of a small strip mall, he said that it is in his tenants’ leases that they are responsible for the snow removal in front of their businesses. He will take care of the general parking lot.
Companies that are expert in snow removal in Utah companies have the fleets to meet all of your commercial snow removal, show shoveling, de-icing, and snow plowing needs. Affordable Lawn Care and Landscape has top-of-the-line snow pushers and trusty employees with shovels who vow to keep your parking lots and walkways safe for customers and employees. Surveys given to companies that are expert in snow removal in Utah say their motto is “Don’t stop until you see the asphalt.” It’s a good feeling to know that snow removal companies in Utah are dedicated to never leaving unsafe, compacted snow and ice around your business.