Landlord or Tenant: Who Handles Snow at a Commercial Property in NJ?
October 14, 2026 · JRW Services LLC
Between them, the lease decides who hires the plow and who pays. The town ordinance separately names who must clear the sidewalk, often the owner, the tenant or both.
The question usually comes up the morning after the first storm, when the tenant thinks the landlord was handling it and the landlord thinks the lease says otherwise. Three separate things decide it, and it helps to keep them apart.
1. The lease: who hires and pays
Between landlord and tenant, the lease decides. Look for the words snow, ice, common areas and maintenance.
- Multi-tenant properties such as retail centers and office parks usually keep the lot, drive lanes and common walks with the landlord, and pass the cost through to tenants as common area maintenance.
- Single-tenant buildings often put the whole job on the tenant, sometimes including the public sidewalk.
- Mixed arrangements are common: landlord plows the lot, tenant clears its own entrance.
If the lease is silent or vague, settle it in writing before the season, not during a storm.
2. The town ordinance: who must clear the sidewalk
Separately, the town's code says who must clear the sidewalk and by when, and it does not read your lease. Many ordinances name the owner or tenant, some say owner, occupant or tenant, and a few get specific. Hanover, for example, makes the first-floor tenant or occupant responsible in a building with several units.
The town enforces its ordinance against whoever the ordinance names. Deadlines across northern New Jersey run from five daylight hours to 48 hours, and several towns give businesses less time than homes.
3. Liability after a fall: a different question again
Who a court holds responsible when someone falls is not settled by the lease or the ordinance alone. New Jersey has held since Stewart v. 104 Wallace Street (1981) that a commercial property owner owes a duty to keep the abutting public sidewalk reasonably safe. How that duty interacts with a lease that hands snow work to a tenant is a legal question for your attorney, and it is worth asking before a claim rather than after.
What works in practice
- One contractor for the whole site where possible, with one scope that names the lot, the walks, the entrances and the public sidewalk. Split contracts are where gaps appear.
- A written scope that matches the lease. If the tenant is responsible for its entrance, the landlord's contract should say it does not include it.
- Service logs that both sides can see. After a fall, everyone will want to know who did what and when.
Common questions
Is the landlord or tenant responsible for snow removal at a commercial property? Between them, the lease decides. Multi-tenant properties usually keep it with the landlord and pass the cost through; single-tenant leases often give it to the tenant.
Who does the town fine if the sidewalk is not cleared? Whoever the ordinance names, often the owner, the tenant or occupant, or both. The lease does not change what the ordinance says.
Does a lease clause protect the landlord from a slip-and-fall claim? Not necessarily. Commercial owners in New Jersey owe a duty on the abutting sidewalk, and how a lease affects that is a question for an attorney. This is general information, not legal advice.
See every town's sidewalk rule on our sidewalk snow rules by town page, and why sidewalks are the bigger liability.
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