Are Landlords Responsible for Snow Removal in Ontario, or the Tenants?

When the snow starts to fall in Ontario, it transforms our landscapes into a winter wonderland. But with that beauty comes the responsibility of keeping our properties safe and accessible. Driveways disappear under a blanket of white, walkways become treacherous ice rinks, and steps vanish beneath a slippery slope. This raises a crucial question for both landlords and tenants: who is responsible for clearing all that snow?

It’s a question that often leads to confusion and even disputes. Fortunately, Ontario’s Residential Tenancies Act (RTA) provides some clarity on the matter, outlining the responsibilities of both landlords and tenants when it comes to snow and ice removal.

This blog post will break down those responsibilities, helping you understand your rights and obligations this winter.

Landlord’s Responsibilities: Keeping it Safe and Clear

In Ontario, landlords have a legal duty to provide safe and habitable housing for their tenants. This responsibility extends beyond the walls of the rental unit itself and includes the property’s exterior. The RTA outlines this duty, requiring landlords to maintain the rental property in a good state of repair and fit for habitation.

Snow and Ice Removal

Generally, landlords are responsible for snow and ice removal in common areas of the property. This includes:

Walkways
Driveways
Parking lots
Steps and stairways

This responsibility stems from the landlord’s obligation to maintain safe conditions and prevent accidents caused by snow and ice.

While the RTA doesn’t explicitly mention “snow removal,” section 20 outlines the landlord’s duty to maintain the property in a state of repair and free from hazards, which includes removing “unsafe accumulations of ice and snow.”

Exceptions to the Rule

There are a few exceptions where a landlord might not be fully responsible for snow removal:

Single-family homes: If a tenant rents a single-family home with exclusive use of the property, the landlord may not be responsible for snow removal.
Clearly defined responsibilities: In some cases, the lease agreement may clearly outline specific snow removal responsibilities for the tenant, particularly if the tenant has exclusive use of a certain area.

Even if a lease agreement includes a clause stating that the tenant is responsible for snow removal, this clause may not be enforceable if it contradicts the RTA. Landlords cannot simply transfer their maintenance obligations to tenants without offering specific compensation for the work.

Tenant Responsibilities

While landlords bear the primary responsibility for snow and ice removal in Ontario, tenants also have a role to play in ensuring a safe and accessible property.

Reasonable Care

The RTA places a duty on tenants to take reasonable care of the rental property. This includes keeping their living spaces clean and safe, but it also extends to the exterior areas. Tenants should avoid actions that could create hazards or worsen snowy conditions. For example, tenants should not:

Throw trash or debris on walkways or driveways where it could become hidden under snow and ice.
Leave objects outside that could obstruct snow removal efforts.
Allow snow or ice to accumulate on balconies or patios, which could pose a danger to those below.

Clearing Personal Areas

Although landlords are generally responsible for common areas, tenants might be responsible for clearing snow and ice in certain situations:

Balconies and patios: Tenants are typically responsible for keeping their balconies and patios clear of snow and ice.
Designated parking spots: If a tenant has exclusive use of a designated parking spot, they may be responsible for clearing it.
Specific agreements: In some cases, landlords and tenants may agree in writing that the tenant will take on certain snow removal tasks in exchange for a rent reduction or other consideration.

Cooperation is Key

Tenants should cooperate with landlords and snow removal contractors to ensure efficient and effective snow clearing. This includes:

Providing access: Ensure that vehicles and equipment used for snow removal have clear access to the property.
Moving vehicles: Move vehicles as requested to allow for snow plowing or clearing of parking areas.
Reporting concerns: If tenants notice hazardous conditions or areas that have been missed during snow removal, they should promptly inform their landlord.

Lease Agreements and Snow Removal: What You Need to Know

While a lease agreement is a crucial document outlining the terms of a tenancy, it’s important to remember that it cannot override the law.

Limitations of Lease Clauses

When it comes to snow removal, any clause in a lease agreement that contradicts the RTA is not enforceable. As we’ve discussed, the RTA generally places the responsibility for snow and ice removal in common areas on the landlord. Therefore, a lease clause stating that the tenant is fully responsible for all snow removal, without any corresponding compensation, would likely be considered invalid.

Separate Agreements for Snow Removal

While landlords cannot simply transfer their snow removal obligations to tenants through the lease, it is possible to create a separate agreement specifically addressing snow removal. This agreement should:

Be in writing
Offer fair compensation
Include specific terms

For example, a landlord and tenant might agree that the tenant will clear snow from their designated parking spot and the walkway leading to their unit in exchange for a reduced monthly rent. This type of agreement, when clearly defined and mutually beneficial, can be a workable solution for both parties.

Practical Tips for Landlords and Tenants

Winter in Ontario can be unpredictable, and effective snow removal is essential for everyone’s safety and well-being. Here are some practical tips for both landlords and tenants:

For Landlords:

Be proactive.
Consider hiring professionals.
Communicate clearly.

For Tenants:

Understand your responsibilities.
Prioritize safety.
Communicate with your landlord.

By following these practical tips and working together, landlords and tenants can ensure a safe and enjoyable winter season for everyone.

A Safer Winter Starts with Clear Communication and Reliable Snow Removal

Handling the responsibilities of snow removal in Ontario requires a clear understanding of the RTA and open communication between landlords and tenants.

Landlords are generally responsible for ensuring safe access to common areas, while tenants have to take reasonable care of the property and may have specific responsibilities outlined in their lease agreement or through separate arrangements.

Ultimately, prioritizing safety and preventing accidents is everyone’s shared goal. Proactive snow removal and clear communication are crucial for a harmonious landlord-tenant relationship and a safe winter season.

If you’re a landlord seeking a reliable snow removal solution for your property in the GTA or York Region, Green Side Up Contracting offers professional and customized services to meet your needs.

Need help keeping your property safe and accessible this winter? Get a free quote or contact us for snow removal services from Green Side Up Contracting today!

Posted in Snow Removal and tagged Snow Removal in Ontario

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