Are Landlords Responsible For Snow Removal?

When Canada’s brutal winters hit, snow and ice removal are necessary—but are the landlords or tenants responsible for clearing it?

Without clear terms in a lease agreement, this can turn into a legal battle. In this article, we'll break down who’s responsible for snow removal services at a rental property.

Understanding Legal Obligations

In Ontario, the Residential Tenancies Act clearly states that property maintenance, including snow and ice removal, falls on residential landlords.

That said, Manitoba has less explicit guidelines. Property owners are typically responsible for maintaining rental units, but tenants may need to step in for specific areas if stated in a lease. Meanwhile, British Columbia combines provincial regulations with local bylaws. For instance, Vancouver mandates that property owners and tenants clear adjacent sidewalks by 10 am after snowfall.

Implications Of Neglecting Snow Removal

Neglecting to clear snow from your rental property is a huge liability. This can cause dangerous slip-and-falls and hefty fines, which can ultimately cost you much more than simply hiring a snow removal company.

Safety Concerns

Your rented property can quickly turn into a danger zone if you don't clear snow regularly. Slippery walkways, especially near basement apartments, increase the risk of injuries for tenants, visitors, and even delivery workers at risk.

Ice-covered stairs, poorly cleared driveways, and unsalted pathways can create accidents. A simple oversight like failing to remove snow could result in serious injuries. Beyond injuries, uncleared snow and ice can create accessibility issues for those with disabilities or mobility challenges.

Legal Implications

Under the Residential Tenancies Act, it's the landlords responsible for snow removal. The Ontario Court has consistently ruled that failing to remove snow can lead to liability, even if the lease includes snow-clearing clauses. For landlords, not complying with these laws could mean fines, legal action, or disputes with the Tenant Board.

Best Practices For Landlords

It's ultimately the landlord's responsibility to keep tenants safe. Many residents expect their landlords to have a crew in place to perform snow cleaning and help remove ice. Here are some general guidelines to follow:

Regular Maintenance

Landlords should establish a consistent schedule for shovelling snow and clearing common walkways after every snowfall. This includes high-traffic areas like entrances, driveways, and staircases.

Clear Communication

Not all tenants are aware of all the details. It's the landlord's job to provide clear and proactive communication. Before tenants sign a rental agreement, be sure to clarify responsibilities around snow removal to avoid confusion. If tenants are expected to help, have a separate contract detailing the specific areas to be cleared and how often.

Professional Services

For larger properties or frequent heavy snowfalls, hiring a professional snow removal company is the smartest option. Companies like Bulger Brothers commercial snow clearing in Winnipeg specialize in keeping properties safe and compliant with local bylaws. Contact us today and leave the snow removal to the experts!