Legal Question in Landlord & Tenant Law in Massachusetts
Massachusetts tenant rights
In my rental agreement it says that I have to mow the lawn and take care
of snow removal. Is my land lord actually able to make me do either of
these things?
1 Answer from Attorneys
Re: Massachusetts tenant rights
This depends on a number of factors, some of which include common sense. A prime question is the number of units in the property. If you are living in a single-family home, you are of course going to mow the lawn and shovel.
A neatly mowed lawn is not part of any landlord obligation. A landlord is only obligated to keep common areas safe and free of health hazards and obstructions. Tall grass is not, in and of itself, an obstruction or significant health hazard. No yet, anyway.
"Snow Removal: You are required to keep all means of egress at all times in a safe, operable condition. You must keep exterior stairways, fire escapes, egress balconies, and bridges free of snow and ice. You can require the tenant to be responsible for snow removal only for pathways and stairways which lead only to the tenant's apartment and are not common to the exit of any other unit." From "How to Be a Landlord," A. Joseph Ross, http://www.gis.net/~groucho/landlord.html#15.
I do not know the gentleman's full statutory or regulatory authority for this statement, but it sounds about right to me.
Common sense and courtesy should be considered here, from both sides of the coin. If, as a tenant, you want a perfect place with no work, move into a big complex and pay the hefty rents. If you are renting in a two-family far away from your elderly landlord -- well, yes, you may have a right, but you may also be paying a lower rent. Once in a while, we have to use common sense on smaller items.
If, on the other hand, you are an elderly tenant, you of course are going to need help with tasks like shoveling, even if the landlord isn't responsible. One hopes that the landlord will at least have the common sense to "pay it forward" for you if you are elderly, as he or she may be privileged to be elderly and less able to lift snow at some later date.