Snow and Ice Removal in Ontario Rentals

By Puneet Shroff

Winter maintenance is a common source of confusion for Ontario landlords and tenants. Landlords often assume they can simply make the tenant responsible for snow and ice removal in the lease. Tenants, on the other hand, may argue that snow removal is always the landlord’s responsibility under the Residential Tenancies Act, 2006.

A recent Ontario Court of Appeal decision, Crete v. Ottawa Community Housing Corporation, 2024 ONCA 459, provides helpful clarification.

The Court confirmed that a landlord’s maintenance obligations under the Residential Tenancies Act include compliance with health, safety and maintenance standards. However, the relevant maintenance regulation requires landlords to keep exterior common areas free from unsafe accumulations of snow and ice. This is an important distinction.

In practical terms, landlords are generally responsible for snow and ice removal in areas shared by multiple tenancies, such as common walkways, parking lots, shared entrances and other common exterior areas. A landlord cannot simply shift responsibility for those common areas to a tenant by inserting a clause in the lease.

However, where an area is reserved for the exclusive use of one tenancy, such as the steps, walkway or driveway serving only that rental unit, the lease may assign snow and ice removal responsibility to the tenant, provided the wording is clear, and the area is genuinely for that tenant’s exclusive use.

For landlords, the lesson is not to rely on vague maintenance language. Lease clauses should clearly identify which areas are common areas and which areas are for the tenant’s exclusive use. If the tenant is expected to clear snow and ice from exclusive-use areas, that obligation should be stated plainly.

When in doubt, landlords should obtain legal advice before assuming that snow and ice removal has been properly transferred to the tenant. Feel free to contact Puneet Shroff at pshroff@sorbaralaw.com.