Landlord/Tenant Question in Detroit... Who's responsible for snow & grass?

[carlscomputers]

Just curious, does anyone out there know who's legally responsible for shoveling snow and/or cutting grass in Detroit at rental properties? Obviously if you live in a shared apartment building or condo, I would expect the property owner to take care of it, but what about a single family or two family home?

[Wesley Mouch]

Just curious, does anyone out there know who's legally responsible for shoveling snow and/or cutting grass in Detroit at rental properties? Obviously if you live in a shared apartment building or condo, I would expect the property owner to take care of it, but what about a single family or two family home?

Responsible to whom?

I'm sure you have responsibility as property owner to many including:

Your tenant
Your city
Your insurance company
Passers-by

I don't know the specifics of Detroit ordinances, but you are property owner are very likely required to:

keep sidewalks shoveled and ice-free
repair sidewalks
keep your grass cut

You may choose to require your tenant to do these things, but you likely remain responsible to the city.

Its also worth noting that you no doubt have a responsibility to passers-by. If some is injured by a hazard on your property, they can likely hold you responsible. Make sure you have liability insurance as part of your homeowner's coverage.

Your tenant may also be held responsible if they act [[or don't act) responsibly. If they were sued, they or their insurance company would no doubt come after you as the property owner. Tenants should carry insurance, including liability. You should require this of your tenants. If you both require your tenant to clear the hazards, and carry insurance in case they don't do so -- you then have eliminated much BUT NOT ALL of your responsibility.

[carlscomputers]

Great response! I was wondering because I see so many sidewalks not shoveled in my area, especially where there are one or more tenants? When I was a renter years ago, I cut the grass & shoveled the snow because "I" lived there & had to trudge through the snow and look at the un-cut grass? It never even occurred to me to wait on the landlord to do it?

[MikeyinBrooklyn]

I think leases often delineate what the landlord is/is not responsible for. I would imagine the law requires the homeowner to take care of structural issues and insure the property. When I have rented a house in the past, I took care of the lawn & snow removal. As noted above however, the property owner bears liability. If they have delegated that liability to the tenant, the landlord would need to sue the tenant for breach of contract for not shoveling, etc if the tenant does not perform the agreed upon duties.

[313WX]

http://www.detroityes.com/mb/showthr...from-sidewalks

[wolverine]

Responsible to whom?

I'm sure you have responsibility as property owner to many including:

Your tenant
Your city
Your insurance company
Passers-by

I don't know the specifics of Detroit ordinances, but you are property owner are very likely required to:

keep sidewalks shoveled and ice-free
repair sidewalks
keep your grass cut

You may choose to require your tenant to do these things, but you likely remain responsible to the city.

Its also worth noting that you no doubt have a responsibility to passers-by. If some is injured by a hazard on your property, they can likely hold you responsible. Make sure you have liability insurance as part of your homeowner's coverage.

Your tenant may also be held responsible if they act [[or don't act) responsibly. If they were sued, they or their insurance company would no doubt come after you as the property owner. Tenants should carry insurance, including liability. You should require this of your tenants. If you both require your tenant to clear the hazards, and carry insurance in case they don't do so -- you then have eliminated much BUT NOT ALL of your responsibility.

Generally renters insurance by default doesn't cover liability outside habitable rented space. It will cover damage or theft to items left outside and even off the property, but not injuries on the exterior property. The landlord's insurance would. Reason why liability is important inside is a visitor is most likely to get injured tripping over your stuff, not the space itself assuming it's to code. If the porch collapsed on your watch, you aren't responsible...your landlord and his insurance are....assuming you did nothing cause it.

Even if you left a bunch of hazardous crap in the front yard, it's the landlords duty to request that you remove the stuff. In the case of a lawsuit, they'll go after the owner.

That's why I could never rent property. I'd have to deal with babysitting some bad tenants

As far as the original post, it's landlord's responsibility for upkeep. It would be prorated in your contract otherwise. But that's rare. Some cities don't even allow those contracts. If there's no mention of any maintenance duties, you are never responsible.

If the work isn't being done cities can force landlords to do the work or face fines and penalties.

[Hamtragedy]

As a landlord, I let the renter know that they are responsible at minimum for cutting the grass and shoveling the snow. I provide them with the lawnmower and a shovel. I let them know that if they choose not to cut the grass they can pay me 25/wk to cut it. They are also made aware, as a courtesy to the mail-man and the neighbors, they need to shovel the snow.

I maintain the flowers, the shrubs, behind the garage in the alleys, everything else. I even show up with an edger once a month and edge half of the block and clean up the trash. I usually mow about 8-9 houses because it makes my block look nice.

As an upside, this is how I acquired the neighbor's house when he passed. The family wondered who had been raking the leaves and shoveling the snow. I told them it was me, refused any payment, but asked them when the house comes out of probate to think of me first before putting the house on the market. They basically set the price, which was about 20% lower than what I was going to pay.