Who Is Responsible for Snow and Ice Removal in a Residential Tenancy

By Kevin Souch

In winter, the risk of slip-and-fall accidents increases dramatically due to snow and ice accumulation. Whether it is a slippery sidewalk, roadway, driveway, or set of stairs, understanding who is legally responsible for snow and ice removal is critical. This post explains who is responsible for snow and ice removal in residential tenancies in Ontario.

It is common for residential leases to include a clause stating that the tenant is responsible for snow and ice removal. Most tenants accept this obligation without question, and many landlords rest easy knowing they have arranged for the work to be done. However, unless carefully drafted, these provisions may be unenforceable.

The Landlord’s Statutory Maintenance Obligation

Under the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (“RTA”) s.20(1), landlords are required to maintain rental properties in a good state of repair and fit for habitation and for complying with health, safety and maintenance standards. The courts have consistently held that snow and ice removal falls within this maintenance obligation. As a result, landlords are required by legislation to ensure rental properties are kept safe, including snow and ice removal. Despite this, landlords frequently attempt to pass this responsibility to tenants through lease clauses.

Are Lease Clauses Requiring Tenants to Clear Snow Enforceable?

In most cases, a lease clause requiring a tenant to perform snow and ice removal is unenforceable. Generally, a landlord cannot transfer its statutory maintenance obligations to a tenant without offering specific compensation for the work performed.

This principle was confirmed by the Ontario Court of Appeal in Montgomery v. Van, 2009 ONCA 808. In this case, the tenant was injured after slipping and falling on an ice-covered walkway leading to her basement apartment. The lease contained a one-line clause stating that “tenants are responsible for keeping their walkway and stairway clean (including snow removal).” Despite this clause, the court found the landlord liable for the tenant’s injuries, holding that the maintenance obligation could not simply be shifted to the tenant through the lease.

When Can Snow and Ice Removal Be Assigned to a Tenant?

In Montgomery, the Court clarified that a landlord may contract with a tenant for snow and ice removal, but only in limited circumstances. To be enforceable, the obligation must either be set out in a separate contract for services or in a lease clause that is clearly severable and capable of standing alone as an independent contract.

Critically, there must be consideration flowing to the tenant in exchange for the services. In addition, the agreement must clearly describe:

• the scope of the services,
• when the services must be performed, and
• how they must be completed.

The Court also confirmed that tenants may be responsible for clearing snow and ice from areas used exclusively by them, such as a patio or balcony.

Practical Guidance for Landlords

If you are a residential landlord and intend for a tenant to perform snow and ice removal, the safest approach is to treat the arrangement as you would a third-party contractor. This means entering a separate contract that clearly sets out:

• the services to be performed,
• the timing (i.e. within 12–24 hours after a snowfall),
• how the services are to be performed (i.e. where snow should be piled and salt applied to ice), and
• the compensation to be paid.

While it is possible to include these terms within a lease, they must be sufficiently detailed and supported by consideration. Rent reductions are sometimes used as compensation; however, it is unclear whether a rent reduction alone is sufficient. A more advisable approach would be to include a cash payment equal to the rent reduction instead of the rent reduction itself.  The main question is whether you can sever the clause from the lease and have it stand as a separate contract.

Common Areas vs. Exclusive-Use Areas

More recently, the Ontario Court of Appeal addressed this issue in Crete v. Ottawa Community Housing Corporation, 2024 ONCA 459, drawing an important distinction between common areas and exclusive-use areas in a residential complex.

In Crete, a tenant slipped and fell on ice on the front step of their townhouse. The lease required the tenant to clear snow and ice from the front step to the main walkway. The Court considered O. Reg. 517/06 s. 26(1) under the RTA, which requires landlords to maintain “exterior common areas” free from unsafe accumulations of snow and ice.

The Court held that because the lease required the tenant to clear snow and ice from areas used exclusively by the tenant and not from exterior common areas, the tenant was responsible for clearing the area where the fall occurred.

Concluding Thoughts

It is important to consult an experienced lawyer when drafting a lease to ensure compliance with the law and achieve your intended objectives. At Sorbara Law, we have the experience necessary to assist you in drafting such a lease.

If you are a tenant and you were injured in a slip and fall on snow or ice on your rented property, you may still have a claim against your landlord even if your lease requires you to perform the snow and ice removal. If you have been injured in a slip and fall accident, call Sorbara Law to discuss your rights.