How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask KJL LAW Your Own Question
KJL LAW
KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1378
Experience:  Attorney at law Office of KJLLAW
92128996
Type Your Legal Question Here...
KJL LAW is online now
A new question is answered every 9 seconds

I own a three-story building in East Orange, NJ. I know I

Customer Question

I own a three-story building in East Orange, NJ. I know I must remove snow from the walkways and steps, but am I also responsible for removing snow from the building's parking lot the tenants use?
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: new Jersey. My husband owns the building
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Legal
Expert:  Attorney2 replied 6 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. Since you are renting the property to tenants can you tell me what the lease states with regard to snow removal?

Customer: replied 6 months ago.
Expert:  Attorney2 replied 6 months ago.

You would only be bound to do what is stated in the lease. What does the lease state? You can always change the terms once the leases in place terminate.

"Many city ordinances require property owners to keep sidewalks clear of snow and to shovel a path for delivery personnel, or face fines. On a rental property, it’s even more important to maintain common areas so you’re not liable for any accidents that might happen if snow and ice are left on walkways. You could be legally and financially responsible if one of your residents slips on an uncleared path. If your city has a law requiring snow and ice removal, it’s up to you as the property manager or owner to maintain safe walkways on and around your property.

Designate the responsible party

If you own or manage a multi-unit property, the best course of action is to take on snow removal yourself or hire a service. If you own a single-family rental property, you can include snow removal in your lease agreement as the tenant’s responsibility. When you create the tenant-landlord agreement, it’s important to be clear about when and where the snow needs to be shoveled. For example, you should specify how soon after a snowfall a path needs to be cleared and how wide the path needs to be." http://www.zillow.com/rental-manager/resources/snow-removal-rental-property/

Customer: replied 6 months ago.
no lease no further questions
Expert:  Attorney2 replied 6 months ago.

Are you saying your tenants to not have written leases?

Expert:  KJL LAW replied 6 months ago.

Good afternoon. Commercial tenants and the duties and obligations are controlled by leases. If there is no lease and the tenants and any visitors to the building have access to and use the parking lot, the duty to remove snow would fall upon the building owner. The tenants are leasing parts of the building, and in most instances a common area such as hallways, and walkways, including parking lots and driveways the duty to remove snow would fall upon the landlord/owner. Additionally, if someone were to slip and fall in any common area then the landlord would be potentially liable for any negligence and may be sued based upon their duties as an owner of the building. the best way to solve such an issue of clearing snow from a parking lot if there is no lease is to issue a letter to the tenants regarding the change in terms of the monthly lease and what their duties are regarding snow cleaning from shared parking lots. Also, many landlords charge the tenants extra rent or as snow removal fee as part of the lease terms which can be amended by having all parties sign a letter agreement outlining the fees for snow cleaning and who is responsible.

I hop this helps with your question.

Expert:  KJL LAW replied 6 months ago.
If you have any other questions just ask.
Expert:  KJL LAW replied 6 months ago.
If you have any other questions just ask.
Expert:  KJL LAW replied 6 months ago.

If you have any other questions just ask.

Expert:  KJL LAW replied 6 months ago.

If you have any other questions just ask.