With much of Ontario waking up to a fresh blanket of snow, many residents will be reaching for their shovels to clear sidewalks and driveways. But if you’re renting your home, you might be wondering: Is snow removal your responsibility or your landlord’s?
The $500 Question: Who Has to Shovel?
Failing to clear snow outside your home can result in fines, but responsibility for snow removal depends on the lease agreement and Ontario’s Residential Tenancies Act (RTA). According to Section 20(1) of the RTA, landlords must maintain rental properties in a good state of repair and comply with safety and maintenance standards. This has been interpreted by courts to include snow removal for common areas.
What If Your Lease Says You’re Responsible?
Some lease agreements state that snow removal is the tenant’s responsibility. However, unless the snow-covered areas are exclusively used by the tenant, such clauses are generally unenforceable. If a landlord wants to transfer responsibility for clearing exterior common areas to a tenant, it must be done through a separate contract, much like hiring a third party for maintenance.
This was highlighted in the 2009 Ontario court case Montgomery v. Van. A tenant sued after slipping near her basement apartment. While her lease required her to clear her walkway, the court ruled that snow removal responsibility must be assigned through a separate agreement, with clear terms such as removal timelines, equipment provisions, and potential rent reductions for the added labour.
Snow Removal Rules in Toronto
In Toronto, residents must clear snow within 12 hours after a snowfall ends if accumulation is less than 2 cm. If the accumulation exceeds 2 cm, the city’s snow removal services will handle clearing major roads and sidewalks, but property owners are still responsible for ensuring their own walkways and driveways are safe and accessible. Failing to do so could result in a fine of $500, plus a $115 surcharge, for a total of $615.
Bottom Line
If you’re a tenant, check your lease agreement—but also remember that unless you’ve signed a separate contract agreeing to handle snow removal for common areas, it’s likely your landlord’s responsibility. If you’re a landlord, ensure compliance with local snow removal bylaws to avoid fines and potential legal issues.
Stay safe, and happy shovelling!
