Is Snow Removal on the Landlord or the Tenant?
Snow removal in Ontario is the landlord’s responsibility, until it’s not, but even then it still might be depending on the situation. Confused yet? Don’t worry, you aren’t alone.
So the boring stuff first: In Ontario, the Residential Tenancies Act (RTA) sets out the rights and responsibilities of both landlords and tenants in residential tenancy agreements. One of the responsibilities of the landlord under the RTA is to maintain the rental property in a good state of repair and fit for habitation.
So far, so good right?
So by definition this would include making sure that the common areas, such as sidewalks and parking lots, are safe for tenants and visitors to use. In the winter months, this means clearing away snow and ice to prevent slips and falls.
The Ontario Ministry of Municipal Affairs and Housing has also issued guidelines that state landlords are responsible for clearing snow and ice from “stairs, ramps, landings, walkways, driveways, parking spaces and other common areas that are used by tenants and their guests.” Failure to do so can result in fines and legal action if someone is injured as a result of the landlord’s negligence.
What about the Tenants?
It’s important to note that tenants also have a responsibility to keep their own walkways and entrances clear of snow and ice. However, the landlord is ultimately responsible for maintaining the common areas and ensuring that they are safe for use by all tenants and visitors.
Even if there was a clause in the rental agreement that stated the tenant agrees to take on the responsibility, it’s not actually enforceable because it contradicts Ontario’s RTA. However if a separate contract is drawn up instead that outlines the responsibilities that the tenant has in regards to snow removal, and how they will be compensated, then it becomes enforceable… to a point.
If a landlord contracts a tenant to clear snow and ice from sidewalks and common areas, the landlord may still be liable for any injuries suffered by a third party. The reason being is that the tenant is most likely not professionally trained or insured, so unless there was gross negligence on their part that caused someone to be injured, the landlord would still be liable.
Yikes, not as clear cut as we hoped right?
Under the Occupiers’ Liability Act in Ontario, a landlord has a duty to take reasonable steps to ensure that the rental property is safe for visitors and tenants. This includes ensuring that the property is maintained in a reasonable state of repair and free from hazards that may cause injury.
If a landlord contracts a tenant to clear the snow and ice from sidewalks and common areas, and that tenant does not do a proper job or fails to do it at all, the landlord can still be held liable for any injuries suffered by a third party. This is because the landlord has a legal obligation to ensure that the property is safe, and they cannot delegate that responsibility to someone else.
Therefore, while a landlord may contract a tenant or third party to clear snow and ice, they cannot completely absolve themselves of their legal duty to ensure that the property is safe for visitors and tenants.
My advise for landlords: Talk to your lawyer to get the full scoop, but hire a professional to get the job done if you aren’t able to.
