Winter is a tough time for Property owners, and it’s even tougher for Toronto landlords who need to be mindful of keeping their tenants safe from cold weather hazards like slippery Snow. 

As a property owner, you’re responsible for keeping that property in good shape all year-round – even when mother nature has other plans. When the snow falls, you need to think about protecting your tenants. But who should do the actual shovelling? Is it always up to the landlord or can tenants be forced to pitch in?

A landlord’s legal obligations 

Under the Residential Tenancies Act (RTA), landlords are responsible for “providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.” 

This applies to Snow Removal, putting the onus on landlords to clear the pathways and driveways around their property so they don’t endanger their tenants. 

Despite this requirement, some landlords do sneak in snow removal into their tenancy agreements. This isn’t recommended. Not only will it be unenforceable if a dispute arises and your tenant takes you to court, it’s also opening you up to further legal action – as one Thunder Bay landlord recently discovered.

In this case, the property owner had a clause in his rental agreement that required his tenants to remove the snow around their building. This prevented a prospective tenant with a disability from taking the unit, and the unhappy would-be renter took the landlord to court on the grounds of discrimination.

While the Tribunal found no evidence of direct discrimination, it did decide that the snow removal provision amounted to a kind of indirect or ‘constructive’ discrimination as it barred the tenant from accessing housing and caused him “undue hardship”. The landlord was ordered to pay the complainant $1,500 in compensation and to change the lease agreement to remove the offending clause.

Are there any circumstances in which I can ask my tenants to remove snow?

If landlords can’t or won’t shovel snow, they’re not entirely out of options. You can negotiate with your tenant to see if they’ll take on that task – offering them a reduction in rent or some other incentive to make it worth their while.

If they agree, you’ll need to write up a contract separate from your rental agreement – essentially treating the tenant as a third party contractor.  

There’s a precedent for this. In 2009, during a case where a tenant slipped on snow, the Ontario Court of Appeal stated that landlords could pass the responsibility to tenants via a separate contract or severable clause.

If you want to go down this route, it’s best to enlist legal help and make sure your agreement covers all the details of how, when, and where the snow removal will take place.

Know the Toronto snow removal bylaws

Regardless of who’s doing the shovelling, you should be aware of the City of Toronto bylaws around snow:

• If snowfall accumulation is 2 cm or less in depth, residents have to clear their sidewalks of snow and ice within 12 hours of the end of the snowfall.
• Property owners are responsible for clearing ice and snow from private property – including driveways, parking spaces, steps, ramps and landings – within 24 hours after snowfall ends.

If you don’t clear your snow on time, you could get a $500 fine, plus a $115 surcharge. 

The experienced team at Highgate Property Management can help GTA landlords understand and fulfill all their legal obligations. A trusted property manager for over 30 years, we’ve helped hundreds of landlords navigate issues like tenancy agreements, property maintenance, tenant vetting, property inspections, and more. Contact our team today to find out how we can help you make the most of your investment.

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