Is the Tenant Responsible for Raking the Leaves?

When you live in an apartment, there are so many things that you need to worry about in and outside of the place. The apartment is not yours, so you know it’s your duty to keep it clean and maintain it as much as you can.

You want to be the best tenant and never have any problems with the landlord, but some issues still occur from time to time. Most of the time, these problems happen due to a lack of knowledge on the part of the tenant or landlord, or maybe both.

The same thing can be said about simple chores like raking the leaves. If you’re here, then you're probably not aware of whose responsibility this is. That’s precisely why we wanted to help you out by explaining who is responsible for raking the leaves in Ontario and British Columbia, as well as the rest of Canada. Let's take a look:

Is the Tenant Responsible for Raking the Leaves in Ontario?

Winter is coming, and there are so many things that need to be done in the way of making sure you’re safe and warm inside. Raking the leaves outside of the building is probably the last thing you want to do. But do you have to do it?

If you live in Ontario – you don't. Ontario is the most tenant-friendly province of Canada, and the landlord does almost every chore that has to be done if it involves the common areas. 

However, there's more to it than that. If you rent a whole building (a house, a duplex, or similar), then what's usually considered the common area is used exclusively by you. When you or your family are the only ones who use it, then the law requires the tenant to rake the leaves, remove the snow, and all similar chores in the way of maintenance.

Additionally, if the tenant lives in a multi-tenant building, the landlord can change these rules and put the responsibility on the tenant’s shoulders. As long as they prepare a separate agreement that is signed by both parties, the rules are changed, and raking the leaves is now your responsibility.

Is the Tenant Responsible for Raking the Leaves in British Columbia?

The same rules apply in British Columbia and all other provinces and territories of Canada. Unless the lease or other agreement states otherwise, the landlord is always responsible for all maintenance of a multi-residential unit. It's only the tenant's duty when they exclusively use the area in question.

In general, most of these things won't be a problem for you as long as you and your landlord have a kind and respectful relationship. Most landlords in Canada are good and won't try to abuse their power. However, if they do, it's best to avoid confrontation and to try and resolve the situation peacefully. When all of that fails, you should contact the proper authorities and let them handle the situation according to the law.

Is the Tenant Responsible for Snow Removal?

Winter is a tough season. You need to work hard on surviving it in your apartment, and you don't need additional stress like snow removal. However, it can be an even greater stress if it's an obligation, a job that you have to do according to the law. If you don't, the consequences will end up being an even bigger problem than the task itself.

It has happened more than once, that tenants and landlords went to court over such small issues. For example, in one case from 2002, a tenant slipped on the walkway to her basement apartment and decided to sue her landlord. However, because the lease stated that it was her job to clean the snow, the landlord wasn’t charged.

With such things happening from time to time, we wanted to give you detailed information on whether or not you need to do it if you live either in Ontario or Alberta. Let’s take a look:

Is the Tenant Responsible for Snow Removal in Ontario?

The case we previously mentioned occurred in Ontario. It was later taken to the Court of Appeal, and the decision was altered to the tenant's favor. Why? Because according to the law in Ontario, snow removal is the landlord's obligation. If they want to delegate the duty to a tenant, they have to prepare and sign a separate agreement (outside of the lease), where it's clearly stated that the landlord will pay the tenant for snow removal outside of the building.

So, unless you sign a specific agreement and get paid for it, you, as the tenant, are not responsible for snow removal in Ontario. Now you don’t have to worry about slipping outside of your apartment while you commute to work and then having to pay for everything yourself.

Additionally, it’s worth it to know that according to section 26 of Ontario Regulation 517, it’s the landlord’s job to maintain the common areas in their building, not the tenants’. However, even if the landlord doesn’t respect this, you cannot withhold rent to get them to comply. It’s best to resolve this amicably. If that fails, you can then contact the Landlord and Tenant Board and let them handle the situation.

Is the Tenant Responsible for Snow Removal in Alberta?

Pretty much the same thing goes for Alberta and most other provinces and territories in Canada. If the area belongs to the landlord and is for the use of all tenants, the landlord must maintain it, which always includes snow removal.

However, if the landlord rents a building to a single tenant or family (like a house or a duplex), as long as they have exclusive use of the yard and walkway around the building, then the tenant must maintain it.

Naturally, all of these rules can be changed, as long as both parties agree and sign agreements. Our advice is always to know what your duties are as a tenant and be respectful to your landlord, and we are positive that they will do the same for you.