If the sidewalks are icy or snow-covered in winter, the question arises as to who is responsible for clearing and gritting and who is liable in the event of damage. In principle, according to the law, the municipality is obligated to keep sidewalks passable and safe and to protect them from snow and black ice. However, if a property borders on a public sidewalk, the obligation to clear and grit can be transferred to the owner of the house. The owner, in turn, has the option of handing over the duty of road safety to his tenant.
However, the transfer of the clearing and gritting obligation to the tenant must be clearly stated in the rental agreement or in the house rules. A reference to "all official and police obligations" may not be sufficient. After all, if an emergency occurs and a passerby falls or is injured, this can result in high costs. If the landlord has officially handed over the insurance obligation to his tenant in writing, he is nevertheless obliged to monitor whether the tenant actually complies with his obligation to clear and grit.
If the tenants or owners are physically limited or infirm, you may be exempt from the duties. In such cases, a gritting and clearing service can take over the work. If the residential property is a multiple-family dwelling, all parties are equally obligated to perform the clearing and gritting duty. The municipal street cleaning statutes provide information on whether grit, granulate or salt may be used for gritting in the respective municipality.
Source: House Journal
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