An Apartments Obligation to Remove Snow and Ice by Joanna Lindberg, Executive Director

The following information is taken from the Ohio Landlord Tenant Law by Frederic White.

Ice and Snow Accumulation Removal

Q – My landlord won’t clear the ice and snow out of our driveway. Doesn’t he have to?

A – Absent some contractual agreement to the contrary, a landlord has a duty to keep the leased premises in a reasonably safe and sanitary condition. Otherwise, he may be liable for injuries to both tenants and their guests for his failure to do so. However, some cases have held the tenant owes some duty of ordinary care in such circumstances. Despite the Shroades case, holding a landlord will be liable for injuries sustained on the leased premises that are caused by his failure to properly repair and maintain them, the Ohio Supreme Court has held that RC5321.04(A)(3) does not impose a duty on landlords to keep common areas of leased premises clear of natural accumulations of ice and snow. In reaching its conclusion, the Court stated: We agree with the proposition the Act should be read liberally in favor of tenants’ rights, but we do now advocate a reading of RC5321.04(A)(3) which would impose a duty on landlords to clear accumulated ice and snow from common areas of leased premises clear of natural accumulations of ice and snow. In reaching its conclusion, the court stated: We agree with the proposition that the Act should be read liberally in favor of tenant’s rights, but we do not advocate a reading of RC5321.04(A)(3) which would impose by statute shall not be extended beyond the clear import of the terms of the statute… There is no indication to be found in the language or RC5321.04(A)(3) the legislature intended by its enactment to impose a novel duty on landlords to keep common areas free of ice and snow. No mention is made of such conditions. The stature merely states the landlord shall keep common areas “safe and sanitary…” It would be judicially untenable to expand this phrase to create liability for injuries resulting from the natural accumulation of ice and snow.

Q – I have rented residential premises from my landlord for a period of two years. In that time he has always cleared the ice and snow from the driveway and walk. Recently he has failed to do so. Our lease/rental agreement is silent on the subject of snow removal. I am afraid I will either hurt or injure myself or one of my house guests may be hurt this winter. If that should happen, will my landlord be liable for my injuries?

A – In this situation, it appears by his course of conduct your landlord has expressly conferred the duty of snow removal on himself. In such a situation, liability usually has been imposed on the landlord. Once the landlord takes on such a duty, it is not clear he can unilaterally terminate it. In the situation you have described, the likelihood the landlord will be liable for injuries caused by the snow-covered driveway is strong. In Hammond v. Moon, the Tenth District Court of Appeals held that ordinarily a landlord has not duty to remove natural accumulation of ice ad snow from common areas under his control; however , a landlord ma assume such duty by express agreement, or create such duty impliedly from a course of conduct. However, there is still the issue of the tenant’s use of ordinary care in such circumstances, which must be considered. This is especially true since Ohio’s adoption of the doctrine of comparative negligence.