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

Customer Question
I own a three-story building...
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: 1 year ago.Category: Legal
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Answered in 4 minutes by:
1/7/2017
Lawyer: Attorney2, Attorney replied 1 year ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7,732
Experience: 30 Years In General Practice,
Verified

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?

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Lawyer: Attorney2, Attorney replied 1 year 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/

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Customer reply replied 1 year ago
no lease no further questions
Lawyer: Attorney2, Attorney replied 1 year ago

Are you saying your tenants to not have written leases?

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Lawyer: KLAW, Lawyer replied 1 year ago
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 1,845
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified

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.

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Lawyer: KLAW, Lawyer replied 1 year ago
If you have any other questions just ask.
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Lawyer: KLAW, Lawyer replied 1 year ago
If you have any other questions just ask.
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Lawyer: KLAW, Lawyer replied 1 year ago

If you have any other questions just ask.

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Lawyer: KLAW, Lawyer replied 1 year ago

If you have any other questions just ask.

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KLAW
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 1,845
1,845 Satisfied Customers
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

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