Who Is Responsible for Snow Removal at a Rental Property?

Navigating the responsibilities of snow removal in Ontario rental properties is often a source of friction between landlords and tenants. While a snow-covered landscape is picturesque, it presents significant safety and liability concerns. At Silverlight Windows & Eaves, we believe that clear communication—backed by a firm understanding of the Residential Tenancies Act (RTA)—is the best way to ensure your property remains safe, accessible, and legally compliant throughout the winter.

The Legal Framework: The Landlord’s Responsibility

Under Section 20(1) of the RTA, Ontario landlords are required to maintain the rental property in a state of good repair and fit for habitation, ensuring compliance with all health, safety, and maintenance standards. In practice, this legal mandate includes the obligation to keep common areas, walkways, and driveways free of snow and ice.

A Crucial Precedent: Many landlords mistakenly believe that a clause in a lease agreement can shift this burden entirely to the tenant. However, judicial precedents—most notably Montgomery v. Van (2009)—have established that a landlord cannot “contract out” of their legal obligations. If a lease clause contradicts the RTA’s safety requirements, the courts may deem it void.

Scenarios: Shared Responsibility vs. Landlord Duty

While the law leans heavily toward landlord responsibility, the practical application varies based on the property type:

• Multi-Unit Buildings: The landlord is unequivocally responsible for all common areas, including lobby entrances, parking lots, and shared pathways. Consistency here is key to preventing tenant injuries.
• Single-Family Dwellings: While the landlord still holds the primary duty, it is common to see “separate agreements” where a tenant agrees to handle snow removal in exchange for a rent reduction or a service fee. Note: This must be a distinct, documented agreement, separate from the primary lease, to be legally robust.

The Role of Municipal Bylaws

Beyond the RTA, local municipal bylaws play a major role. For instance, the City of Toronto requires snow to be cleared within a strict timeframe (often 12 hours) after a snowfall. Property owners are ultimately liable for these fines, regardless of who they *intended* to do the shoveling. Relying on an informal agreement with a tenant can lead to unexpected municipal fines if the work isn’t completed to code.

Why Property Managers Choose Professional Snow Removal

For landlords and property management firms, hiring a professional service like Silverlight Windows & Eaves is the ultimate risk-mitigation strategy:

• Compliance & Safety: We ensure your property meets all municipal standards, reducing the risk of slip-and-fall liability.
• Liability Protection: With $5M in commercial liability insurance and full WSIB coverage, we offer the protection that a casual “handshake agreement” with a tenant cannot provide.
• Consistency: Our team is dispatched promptly after a snowfall, ensuring your tenants have safe access to their homes, 24/7.
• Documentation: We provide reliable service records, which can be invaluable for landlords in maintaining property compliance logs.