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Who is responsible for snow removal at a commercial property, the landlord or the tenant?

Between the two of them, the lease decides who hires and pays for snow removal. Separately, the town ordinance says who must clear the sidewalk, often naming the owner, the tenant or occupant, or both.

Read the lease for the words snow, ice and common areas. Multi-tenant properties usually keep the lot and walks with the landlord and pass the cost through as common area maintenance. Single-tenant buildings often put the whole job on the tenant.

Who a court holds liable after a fall is a different question from who the lease says pays the plow. A lease clause does not always settle it, so ask your attorney if it matters for a specific property.

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From JRW Services LLC, commercial snow and ice management across Sussex, Passaic, Bergen, Morris and Warren counties, NJ. All answers

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