Landlords Are Responsible For Clearing Snow From Rooftops

Bend, Ore. – After several buildings collapsed across town last week from the weight of heavy snow, dozens of Bend property owners scrambled to clear roofs.

But some property owners didn’t take action, leaving some Bend tenants wondering what to do when snow piles up dangerously on roofs — and what steps to take when landlords don’t help.

The Bulletin reports that Oregon state law says a landlord is responsible for making sure units are in “habitable condition,” which means water- and weather-proofing roofs and exterior walls. That means landlords are responsible for fixing roofs that may have started leaking after nearly 50 inches of snow dumped on Bend in slightly more than a month.

Preventing snow from collapsing a vulnerable roof is considered an “essential service” by Oregon state law, which means it could pose a serious threat to tenants’ health and safety.

If a roof is leaking or needs to be repaired to be considered safe, tenants should write to landlords reporting the problem and asking for repairs, according to a Legal Aid Services of Oregon landlord-tenant handbook.

Under Oregon state law, tenants aren’t obligated to pay rent if units are unsafe to live in. If a tenant’s property is damaged by a leaky roof, for instance, landlords may be required to compensate tenants. The handbook recommends contacting an attorney before tenants withhold rent.

Fortunately for property owners, homeowners’ insurance policies generally cover damage to roofs caused snow and ice buildup. However, those policies don’t cover the cost of removing snow, or flood damages caused by snow melting around the house.

In Bend, city building codes require most roofs to support a load of 20 pounds per square foot. Snow can weigh anywhere from 3 pounds to 21 pounds per square foot, while a square foot of ice can weigh about 5 pounds for every inch of depth, according to a 2013 FEMA report.

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