Are Landlords Responsible for Snow Removal in Massachusetts in Construction?
Snow removal is a critical issue in Massachusetts, a state known for its harsh winters and heavy snowfall. For landlords, property managers, tenants, and even construction professionals involved in new property development, understanding who is legally responsible for snow removal is essential—not just for safety, but also for liability and compliance with local laws.
This article explores whether landlords are responsible for snow removal in Massachusetts, especially in the context of construction-related properties, including new buildings, rental units under development, and recently handed-over real estate projects.
❄️ Legal Overview: Snow Removal Laws in Massachusetts
In Massachusetts, state law does not provide a blanket rule requiring landlords to shovel snow. However, local city or town ordinances do—and they are often strict.
Key regulations to consider:
- Boston: Sidewalks must be cleared within 3 hours after snowfall ends (daytime) or by 10 AM the next day (if snow ends overnight).
- Cambridge: Requires sidewalks and curb ramps to be cleared within 12 hours after a storm.
- Worcester: Requires removal within 10 hours of daylight after snow stops.
- Somerville, Springfield, and other cities have similar rules.
These ordinances place the burden on property owners, which includes landlords, unless stated otherwise in a lease.
🏘️ Landlord Responsibility in Rental Properties
✅ Multi-Family Units
In most cities across Massachusetts, landlords are responsible for clearing snow from common areas such as:
- Sidewalks in front of the property
- Driveways
- Parking lots
- Walkways and stairs leading to units
Tenants are generally not responsible unless the lease clearly shifts this duty.
✅ Single-Family Homes
For single-family rental properties, landlords may assign snow removal duties to tenants via lease agreements. However, if the lease is silent, landlords still bear responsibility under local ordinances.
👷 Snow Removal During Construction Projects
Snow removal during ongoing or incomplete construction projects is a shared obligation depending on project stage and ownership.
Scenarios:
- Active Construction Site (Owned by Developer):
- The developer or construction company is responsible for keeping sidewalks and driveways clear for public and worker safety.
- Completed Construction (Pending Occupancy):
- Responsibility typically falls to the developer or property owner until the unit is rented or sold.
- Post-Occupancy in Rentals:
- Once tenants occupy a unit, responsibility depends on the lease agreement and local ordinances.
- New Construction Sold to Homeowners:
- Individual homeowners are responsible once the title transfers.
- Construction Companies Operating on Residential Streets:
- If trucks or equipment leave snow piles obstructing sidewalks or roads, the construction company can be cited.
🧾 Lease Agreements and Legal Assignments
Landlords in Massachusetts can legally assign snow removal duties to tenants in lease agreements, but:
- The lease must explicitly state that the tenant is responsible.
- Even if assigned to tenants, the landlord may still be held liable if someone is injured due to uncleared snow or ice on shared property.
- For multi-unit buildings, assigning this responsibility to tenants is typically not valid for common areas.
⚠️ Liability and Insurance Considerations
Failure to remove snow can lead to serious consequences:
- Personal Injury Lawsuits: If a tenant or pedestrian slips and falls, landlords may be liable under Massachusetts’ “reasonable care” doctrine.
- City Fines: Most municipalities issue fines ranging from $25 to $200 per day for non-compliance.
- Insurance Claims Denied: Property insurance policies may not cover damages or legal fees if snow removal responsibilities were neglected.
🔧 Best Practices for Landlords and Developers
- Include snow removal terms in lease agreements.
- Hire a snow removal contractor—especially for multi-unit or commercial properties.
- Stay up to date with local ordinances in each town or city where you own property.
- Document removal activities to protect yourself legally.
- Ensure proper drainage and grading in construction to prevent ice build-up.
🧱 Snow Removal and Building Code Compliance
In construction, building codes may require that sidewalks, ramps, and exits remain accessible and free from obstructions, including snow and ice.
- Commercial properties and public buildings must maintain ADA-compliant paths year-round.
- Construction companies can be penalized if snow hinders accessibility.
🛠️ Snow Management During New Builds
For developers and general contractors:
- Plan for snow removal in project timelines and budgets.
- Use temporary heating or snow melting mats for entryways.
- Ensure clear staging areas for plowed snow.
- Communicate responsibilities clearly with subcontractors and vendors.
Conclusion
In Massachusetts, landlords are generally responsible for snow removal unless a lease says otherwise—and even then, they might still be liable in shared areas. For construction sites and newly completed properties, responsibility depends on ownership status and local ordinances. Both landlords and builders must ensure proper snow removal to avoid legal trouble, city fines, or injury lawsuits.
Whether you’re managing a multi-unit property, building a new development, or leasing a single-family home, understanding snow removal laws and responsibilities is critical for safe and compliant property management in Massachusetts.
FAQs
Q1: Are landlords legally required to remove snow in Massachusetts?
A: Yes, in most cases—especially for sidewalks and common areas—unless a lease legally shifts the duty to tenants.
Q2: Can landlords assign snow removal responsibility to tenants?
A: Yes, but the lease must clearly state it. Still, landlords can be liable if an injury occurs in a common area.
Q3: What happens if snow isn’t removed in time?
A: Landlords can face city fines, lawsuits, and insurance claim denials.
Q4: Who is responsible for snow on a construction site?
A: The developer or contractor must ensure safe conditions and may be liable for public hazards.
Q5: Do tenants of single-family homes have to shovel snow?
A: Only if it is explicitly stated in the lease. Otherwise, landlords are responsible.
Q6: Are there different rules in different cities?
A: Yes. Cities like Boston, Cambridge, and Worcester have specific time limits and fines.
Q7: Does snow removal fall under building code regulations?
A: For commercial properties and public access paths, snow and ice must be removed to remain ADA-compliant.
