Can a Landlord Force Tenants to Remove Snow? A Connecticut Court Just Weighed In

Connecticut's first snowfall of the season is always a reminder of what follows: icy sidewalks, slippery parking lots, and the serious slip and fall injuries that come with them. But a recent case that came across our desk at BBB Attorneys raised a question that many tenants — and even some attorneys — haven't fully considered: can a landlord legally force tenants to remove snow and ice from common areas?

The short answer is no. And we just won a significant ruling proving exactly that.

The Case: A Landlord Trying to Shift Liability to Tenants

The situation involved an apartment building with five separate tenants. The landlord had included a provision in the lease attempting to place the responsibility for snow and ice removal on the individual tenants — effectively trying to eliminate the landlord's own liability if someone were injured on the property.

As BBB Attorneys explains: "This situation was where a landlord was trying to put the responsibility of snow removal on five separate tenants. In this case, it's what's called a common area. A landlord can't require you to remove snow in a common area."

Another law firm had actually declined to take the case — believing that the lease language was enforceable and that the tenant had no viable claim. We saw it differently. We took on the case, challenged the provision directly, and the landlord filed a motion to dismiss based on that lease language.

We just got the ruling back: the motion was denied. The lease provision is unenforceable, and the landlord is being held accountable.

What Connecticut Law Says About Snow Removal in Common Areas

Under Connecticut law, landlords of multi-tenant properties have a non-delegable duty to maintain common areas in a reasonably safe condition. Common areas — hallways, stairwells, shared parking lots, walkways between buildings, and any area used by multiple tenants — are the landlord's responsibility. Period.

A landlord cannot contract away that responsibility by burying a clause in a lease that purports to shift it to individual tenants. Such provisions, when challenged properly, are unenforceable because they attempt to circumvent a legal duty that exists to protect tenants and members of the public.

The distinction the law draws is an important one. As BBB Attorneys explains: "What a landlord can do is — if, let's say, you have a single tenant renting out a whole house — in that situation, there are no common areas. That individual tenant can be forced to do the snow removal. That makes sense. You're renting that house, you take care of it."

But an apartment building with multiple tenants is an entirely different situation. In that context, the common areas belong to no single tenant — they are shared by all, accessible to visitors, and the landlord's responsibility to maintain.

Why This Case Matters for Tenants and Injury Victims

This ruling has real implications for anyone who has been injured in a slip and fall at a multi-tenant property and been told — or assumed — that the lease relieved the landlord of responsibility.

Landlords and their insurers are sophisticated parties. They draft lease agreements with the help of attorneys, and those leases often contain provisions designed to minimize the landlord's exposure. When an injured person — or even another attorney — reads that language and takes it at face value, a legitimate claim can be abandoned before it ever gets started.

That's exactly what happened here. Another firm declined the case based on the lease provision. BBB Attorneys challenged it — and won. As we put it: "Another law firm had actually declined the case because of this provision in the lease. And what we were able to do is really take it to the landlord and challenge them. They filed a motion to dismiss on this language in the lease. And we just got the ruling back that we were successfully able to challenge that provision and hold this landlord accountable because they are not allowed to shift their responsibility to a group of tenants."

The lesson is clear: lease language that attempts to shift a landlord's legal obligations to tenants should never be accepted without scrutiny. An experienced personal injury attorney knows how to challenge these provisions — and will.

Common Scenarios Where Landlord Liability Applies

Beyond snow and ice removal, Connecticut landlords have a broad duty to maintain safe conditions in common areas. Slip and fall injuries at apartment buildings and multi-tenant properties can give rise to valid claims in a number of situations, including:

• Failure to remove snow and ice from shared walkways, parking lots, and building entrances within a reasonable time after a storm
• Icy conditions that refreeze after inadequate initial clearing or failure to apply salt or ice melt
• Uneven or damaged pavement in parking areas or walkways that creates a trip and fall hazard
• Poorly lit common areas that make it difficult to identify hazards, including ice
• Broken railings or steps on shared stairways or building entrances
• Accumulated debris or water in hallways or entryways that creates a slip hazard

In each of these situations, a landlord cannot escape responsibility by pointing to a lease clause — particularly in a multi-tenant building where the area in question is shared.

What to Do If You've Been Injured at a Rental Property in Connecticut

If you've slipped and fallen on ice or snow at an apartment complex, rental property, or any multi-tenant building, here are the critical steps to take:

• Seek medical attention immediately — Slip and fall injuries can include fractures, head injuries, spinal damage, and torn ligaments. Get evaluated even if you feel okay initially.
• Document the conditions — Photograph the exact location of your fall, the ice or snow conditions, any lack of salt or sand, and the surrounding area. Do this as soon as possible — conditions change quickly.
• Report the incident to the landlord or property manager — Create a written record of the incident and when it was reported.
• Get witness information — If anyone else saw the fall or observed the hazardous conditions, get their name and contact information.
• Do not sign anything or give a recorded statement without first speaking to a personal injury attorney.
• Contact BBB Attorneys — Even if you've been told the lease limits the landlord's liability, don't assume that's the end of the story. That lease language may be exactly the kind of provision we can challenge.

Don't Let a Lease Clause Deny You the Justice You Deserve

One of the most important lessons from this case is that injury victims should never take a landlord's position — or a lease provision — at face value. Landlords and their insurance companies will use every available tool to avoid accountability. That includes drafting leases designed to shift legal responsibility away from themselves.

At BBB Attorneys, we read those lease provisions carefully. We know how to challenge them. And when they're unenforceable — as this one was — we fight to hold landlords accountable, even when other firms won't take the case.

Frequently Asked Questions About Landlord Liability for Snow and Ice in Connecticut

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