East Bay Commercial LandscapingBristol, RI · grounds · snow · HOAs
Guide

Landlords and tenants: who clears snow at a rental or mixed-use property?

For residential rentals, Rhode Island requires landlords to keep common areas clean and safe (R.I. Gen. Laws 34-18-22), and Massachusetts' State Sanitary Code makes owners keep exits, stairs and egress free of snow and ice. A tenant can take on a private entrance only by written agreement; shared walks, stairs and lots stay with the owner.

Updated November 11, 2026

Two neighbors shoveling snow outside a house

Multifamily buildings, mixed-use blocks and small plazas all hit the same question every storm: is it the owner's crew or the tenant's shovel?

What does Rhode Island require?

Rhode Island's Residential Landlord and Tenant Act says the landlord must keep all common areas of the premises in a clean and safe condition (R.I. Gen. Laws 34-18-22(a)(3)). Shared walks, steps, porches and parking areas are common areas.

The same section lets a landlord and tenant agree that the tenant will handle specified maintenance, but only if the agreement is in good faith, signed and in writing, supported by adequate consideration (a rent credit, for example), and doesn't cut the landlord's duties to other tenants. A spoken "you'll shovel, right?" doesn't count.

The public sidewalk is separate: each town sets its own sidewalk rule under R.I. Gen. Laws 24-5-14, and the town looks to the property owner.

What does Massachusetts require?

Under the State Sanitary Code as amended in 2023 (105 CMR 410.260), the owner of a multi-unit residence must keep exterior stairways, fire escapes, egress balconies and bridges free of snow and ice. The exception is narrow: a tenant is responsible for an exit under their exclusive use and control only when a written rental agreement clearly says so. Shared stairs and walks stay the owner's job.

Who is liable if someone falls?

In Rhode Island, courts apply the Connecticut rule: an owner generally has a reasonable time after a storm ends to clear snow and ice, absent unusual circumstances. In Massachusetts, since Papadopoulos v. Target (2010), owners owe visitors reasonable care for snow and ice like any other hazard. Either way, shifting the shoveling to a tenant doesn't shift the owner's responsibility for shared areas.

What works in practice?

This is general information, not legal advice. We're a referral service: one local crew can put your rental's walks, steps and sidewalk on its route.

Questions people ask

Can I make my tenant shovel in Rhode Island?

Only by a signed written agreement made in good faith with adequate consideration, and it can't reduce your duties to other tenants (R.I. Gen. Laws 34-18-22(c)). Shared areas remain your responsibility.

Who clears the back stairs of a Massachusetts triple-decker?

Shared stairs and egress are the owner's responsibility under the State Sanitary Code; only an entrance used by one unit alone can be assigned to that tenant, in writing.

Who gets the sidewalk fine?

Town sidewalk ordinances generally look to the property owner, so landlords should make sure the public sidewalk is covered.

Does a lease clause protect me if someone slips?

Not for shared areas. The owner keeps the duty for common walks and exits in both states.

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