Massachusetts law puts snow removal on the landlord, with limited exceptions
In Massachusetts, landlords are responsible for removing snow and ice from common areas — walkways, stairs, parking lots, and any space a tenant needs to use to enter or leave the building. This is a legal obligation under the state's warranty of habitability, which requires landlords to maintain rental properties in safe, usable condition. A tenant cannot be forced to clear snow as a condition of the lease, and a landlord cannot deduct snow removal costs from the security deposit.
The rule applies year-round: if snow falls, the landlord must remove it within a reasonable time. What counts as "reasonable" depends on the storm — a few inches overnight may allow 24 hours, while a major blizzard may extend that window. The key is that the tenant must be able to safely enter and exit the building and reach parking areas without risk of falling.
If a landlord fails to clear snow and a tenant is injured on the property, the landlord can be held liable for medical costs and other damages. Tenants have also successfully withheld rent or broken leases when landlords repeatedly neglect snow removal, though this step requires documenting the problem in writing first.
Key Takeaways
- Landlords must clear snow from all common areas including walkways, stairs, and parking lots within a reasonable time after a storm.
- Tenants cannot be required to remove snow as part of their lease, and landlords cannot charge tenants for snow removal.
- If a tenant slips and is injured due to neglected snow removal, the landlord is legally responsible for damages.
- A tenant who documents repeated snow removal failures may be able to withhold rent or break the lease without penalty.
What counts as a common area that the landlord must clear
Common areas are any spaces the tenant must cross to live in the unit. This includes the front entrance, back entrance, stairs between floors, hallways, parking lots, and any walkway leading from the street to the building. If the tenant cannot safely reach their apartment without walking on snow or ice, the landlord has not met the obligation.
The rule also covers emergency exits and fire escapes if they are the only way out in an emergency. A landlord cannot argue that a tenant should use a different route if that route is longer or more dangerous. The standard is whether a reasonable person could safely use the space in winter conditions.
Private driveways and yards that belong only to one unit fall into a gray area. Some leases assign this responsibility to the tenant, and Massachusetts courts have upheld such clauses if they are clearly written. However, if the lease is silent, the landlord is responsible. Always check your lease to see what it says about private areas.
How quickly the landlord must respond after a snowstorm
Massachusetts does not set a fixed important date — the law requires removal within a "reasonable time," which changes based on the storm's size and timing. A light overnight snow may need clearing by morning if tenants work during the day. A major blizzard that falls during business hours may allow until the next morning, especially if the storm is still ongoing.
The landlord's responsibility begins as soon as the snow stops falling. If a storm ends at 2 p.m., the landlord should begin clearing that day. If snow falls overnight, clearing should happen early the next morning before tenants need to leave for work. If the landlord waits several days after the snow has stopped, that is almost certainly unreasonable.
If you believe your landlord is not clearing snow fast enough, document the dates and times of storms and when the snow was cleared. Take photos showing snow still on walkways or stairs. This record will be important if you later need to prove the landlord was negligent.
What happens if the landlord does not clear snow
If a tenant slips on ice or snow that the landlord should have cleared, the tenant can file a personal injury claim against the landlord. The tenant must show that the landlord knew or should have known about the hazard and failed to remove it within a reasonable time. Medical bills, lost wages, and pain and suffering can all be recovered.
A tenant can also break the lease without penalty if snow removal failures make the apartment uninhabitable — for example, if the tenant cannot safely exit the building for days at a time. To do this, the tenant must first notify the landlord in writing and give the landlord a reasonable chance to fix the problem, usually 14 days. If the landlord does not respond, the tenant can move out and stop paying rent.
Some tenants have successfully withheld rent equal to the cost of hiring a snow removal service themselves, though this is riskier and should only be done after documenting the problem in writing and giving the landlord notice. Consult a local tenant rights organization before taking this step, as the rules can vary by city.
Can a lease require the tenant to remove snow
A lease clause that makes the tenant responsible for snow removal in common areas is not enforceable in Massachusetts. The warranty of habitability is a legal right that cannot be waived, even if the tenant signs a lease agreeing to it. If your lease says you must clear the walkway or parking lot, that clause is void.
A lease can require the tenant to clear snow from a private area that belongs only to that unit — such as a small porch or a single-family home's driveway — if the language is specific and clear. But even then, the tenant can refuse, and the landlord's only remedy is to clear it themselves and deduct the cost from the security deposit (though this is often disputed).
If your lease contains a snow removal clause, you do not have to follow it. The landlord cannot evict you, fine you, or withhold your security deposit for refusing to clear common areas. If the landlord tries, that is illegal retaliation.
Landlord liability if a tenant is injured
Massachusetts courts hold landlords to a high standard for snow and ice removal. The landlord is liable if a tenant is injured on a common area where snow or ice was not removed within a reasonable time, even if the tenant was partially careless. The tenant does not have to prove the landlord was intentionally negligent — only that the landlord failed to act reasonably.
The landlord's insurance typically covers these injuries, so the tenant would file a claim against the landlord's policy. If the landlord does not have insurance or the policy does not cover the injury, the tenant can sue the landlord directly in small claims court (for injuries under $7,500) or civil court (for larger amounts).
To win, the tenant should gather evidence: photos of the snow or ice, medical records, witness statements, and documentation that the snow had stopped falling at least 24 hours before the injury. A record of prior complaints to the landlord about snow removal also strengthens the case.
What to do if your landlord is not clearing snow
Start by notifying the landlord in writing — email counts, but a text message is less reliable as proof. Describe the specific area (walkway, stairs, parking lot), the date the snow fell, and the date you are writing. Ask the landlord to clear the snow within 48 hours and keep a copy of your message.
If the landlord does not respond, send a second notice. If snow removal still does not happen after two notices, you have options: you can hire a service to clear the snow and deduct the cost from rent (though this is legally risky), you can file a complaint with your local board of health or housing authority, or you can consult a tenant rights organization about breaking the lease or withholding rent.
Many Massachusetts cities have tenant rights organizations that offer free information. You can also contact your city or town's housing code enforcement office, which can inspect the property and order the landlord to comply. If the landlord retaliates — raises rent, threatens eviction, or cuts services — that is illegal, and you can file a complaint with the state attorney general's office.
Frequently Asked Questions
Can a landlord charge a tenant for snow removal?
No. Snow removal is a landlord's legal responsibility, and the cost cannot be passed to the tenant through rent increases, separate fees, or deductions from the security deposit. If your lease includes a snow removal fee, it is not enforceable.
What if the tenant causes the snow to pile up by parking in the lot?
The landlord is still responsible for clearing common areas. If snow piles up because of how tenants park, the landlord can ask tenants to move their cars or enforce parking rules, but the landlord must still remove the snow within a reasonable time.
Does the landlord have to salt or sand the walkway, or just shovel?
The landlord must do whatever is necessary to make the surface safe. Shoveling alone may not be enough if ice remains. Salting, sanding, or using ice melt is often required, especially on stairs and high-traffic areas where people are most likely to slip.
Can a landlord be sued if a tenant slips on ice in their own apartment?
Generally no — the landlord is not responsible for ice that forms inside a tenant's unit. However, if ice forms on the tenant's private balcony or porch because the landlord failed to maintain the roof or gutters, the landlord may be liable.
What if the lease says snow removal is the tenant's job?
That clause is not enforceable for common areas. You cannot be required to clear walkways, stairs, or parking lots. For private areas like a single-family home's driveway, the clause may be valid, but you can still refuse and the landlord's options are limited.