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.