Winter is here in Southeastern Pennsylvania, and it brings all kinds of weather with it. If you are a business owner leasing your commercial business space, it’s important that you know what your responsibilities are when snow and ice come along. Commercial property owners and commercial tenants each have a duty to protect their business, visitors, and employees from mother nature’s inclinations.
Your commercial lease should spell out your responsibilities and the building owner’s responsibilities for maintaining the property in winter weather conditions. What the lease may not make clear, though, is that an injured party could include your business in their lawsuit or insurance claim. Furthermore, when your property is damaged in the same event that damages the building, your commercial property insurance may come into play, which means you’ll have a deductible to cover. The bottom line is that even as a tenant, you should look at your business property as though you are an owner and plan for winter accordingly.
What are Commercial Property Owners and Commercial Tenants Each Responsible for in Winter Weather?
Commercial leases are not the easiest documents to read. They are written in legalese and primarily organized to protect the building owner’s interests above all. While most business tenants are advised to have their attorney review the lease before signing, this is not a common practice among small business owners, especially start-ups. They may not have an attorney yet, or they may be under pressure to sign the lease quickly. If you have never had your commercial lease professionally reviewed, contact Smyrl Insurance. We work with conscientious commercial real estate agents who offer free reviews of leases. Once we have a full interpretation of how the lease works, we can advise our clients about their best approach to commercial insurance and protecting their business.
Generally speaking, the building owner is responsible for all of the main property elements. This includes the parking lot, roof, sidewalks, landscaping, and structural components. That being said, not all property owners have their eye on the day-to-day upkeep and maintenance. Tenants usually have a good idea of how involved the owner or property manager is just by noticing how often they are around. Unless your commercial property has a full-time property manager ormaintenance crew, you will need to keep an eye out for potential winter hazards. Notify the landlord when you see issues that need preventative maintenance or repair.
Common concerns that commercial tenants find when winter weather comes to their business include:
• Weaknesses in the building’s exterior and roof
• Clogged gutters and downspouts
• Pooling or running water in the parking lot that could freeze
• Damage to landscaping, curbs, and parking blocks from snowplows
• Mis-timed or burned out parking lot lights
• Poorly timed snow removal
• Weak seals around windows and doors
If you notice any of these issues, contact your landlord to make sure they are aware. If there are any immediate steps you are willing to take in order to protect your employees and visitors, get the landlord’s permission in writing before you get started. Also, check in with your commercial insurance agent to find out if your actions will create liability exposure. Although it may be faster to take care of an issue on your own, you will need to know your risks and responsibilities first.
Winter Weather Maintenance for Commercial Lease Properties in Pennsylvania
There are several maintenance items that are the responsibility of commercial property tenants. Since winter tends to cause the most problems for everyone, that’s when these issues are most noticeable. If you are in a multi-unit complex that has dedicated HVAC systems for each unit, this maintenance may be part of your lease. Contact a reputable HVAC contractor to perform annual heater services. This preventative maintenance will keep your employees warm, and it will also protect your plumbing and electronics in especially cold weather.
Check your parking lot and walkways every day when the temperatures are below freezing. Even if clearing these areas is the landlord’s responsibility, it is always your responsibility to ensure employee and visitor safety. Apply ice melt, keep a shovel and ice scraper handy, and verify the timing of snow removal services. Walk your property regularly to make sure there are no icy spots where anyone could be injured or lose control of their car. Also test all of your emergency lighting inside and outside the building. Interior lights might be battery powered, so make a note to change them every January to ensure that they will always work when needed.
With our aging trees in suburban Montgomery and Bucks Counties, heavy snowstorms often bring down power lines. What is the contingency plan for when this happens at your business? Discuss the order of operations with your landlord so that you know who to call first, whether or not there are back-up systems, and how you will be notified of power being restored. Before the first touchdown of winter weather each season, send your employees a copy of your policies for attendance, work expectations, and travel safety. These helpful reminders will keep employees informed about how to handle work in bad weather. If you haven’t checked your workers compensation policy in a while, brush up on that with your commercial agent as well.
Protect Your Business All Winter Long
One of the advantages of leasing your commercial space is that you have fewer responsibilities in maintaining the property. While this is helpful for the small business owner, it does notguarantee that you can be entirely hands-off. In almost every business lease, there is some level of shared responsibility for preventative maintenance and building upkeep. Always know exactly what your share is and make sure that you are financially protected. Remember that when someone gets hurt on a commercial property, they can potentially seek damages from multiple entities, including yours. Never rely solely on your landlord to prevent your business from taking a hit in an insurance claim. As a commercial lease holder, your main priority should always be to protect your business, employees, and visitors regardless of what the property owner has in place.
If you have commercially leased business property, don’t let another winter week go by without making sure you fully understand how your lease and your commercial insurance are set up. Contact us if you would like a review of your current commercial policies or your lease. At Smyrl Insurance, we educate, nurture, and empower business owners through insurance so that they can focus on running their business well. We talk to many small business owners who get through their first winter storm and suddenly have multiple questions about whether or not their business is properly covered. We’ll be happy to review your current documents and give you the benefit of our 70 years of experience in making sure you have a good understanding of your insurance needs and business responsibilities. We serve small business owners with workers compensation, commercial property, commercial liability, and other business insurance products in Hatfield, Lansdale, Souderton, Harleysville, and throughout the region in Montgomery County and Bucks County, Pennsylvania.
