Who Is Responsible for Snow Removal in Massachusetts? A Guide for Homeowners, Landlords & Tenants
I love winter real estate for both buyers and sellers. Sellers face less competition because homeowners wait to list in the spring, when their yards look perfect. Buyers also benefit because fewer people are house hunting, which means less competition. It’s a win all around.
That said, there are a few things to be aware of that I wanted to share after reading this question from the Massachusetts Association of REALTORS® legal hotline.
Q: Who is legally responsible for removing snow and ice?
Short Answer:
The State Sanitary Code requires property owners to keep all means of egress (ways in and out) free from obstruction, including snow and ice.
Sellers / Property Owners:
Property owners owe a duty of reasonable care to visitors and may be liable for injuries caused by snow and ice.
If your home is listed for sale in winter, it’s important to keep:
Driveways
Walkways
Stairs
Entrances
clear during showings, inspections, appraisals, and walkthroughs.
Important Note: REALTORS® should not take on snow removal for sellers, as this may expose both parties to liability.
Helpful Tips:
✔️ As long as you’ve made a reasonable effort to keep walkways clear and have proper insurance, homeowners are protected if an accident happens. It’s always worth confirming this with your insurance agent for peace of mind.
✔️ If you hire a snow removal service, it is nice if they are insured. If someone is injured on the property, their insurance should cover the costs.
Landlords:
Are responsible for keeping all entrances and exits safe and accessible at all times. This responsibility cannot be waived in a lease.
Exception:
In single-family rentals, snow removal may be assigned to the tenant if it’s clearly stated in the lease and the tenant has exclusive use of the property. However, landlords may still share liability if an injury occurs.
Winter Home Inspections:
Some systems, especially air conditioning, cannot be tested in cold weather because operating them may cause damage. We take the seller's word that the system was working.
Stay safe, stay warm, and as always, feel free to reach out if you have questions. I’m always happy to help.