Snow Removal in Ontario: Who’s actually responsible? What Landlords Need to Know

Snow removal might seem straightforward, but when rental properties are involved, it can quickly turn into a legal headache. Who’s actually responsible? Can you assign it to your tenant? And what happens if someone slips?

Let’s break it down so you can stay compliant, protected, and stress-free.

Who Is Responsible for Snow Removal in Ontario?

Under Section 20(1) of the Residential Tenancies Act (RTA), landlords are responsible for maintaining rental properties in a good state of repair and complying with health and safety standards. Ontario courts have consistently interpreted this responsibility to include snow and ice removal.

In other words, as a general rule:👉 Snow removal is the landlord’s responsibility, especially in exterior common areas such as walkways, parking lots, and shared entrances.

Failing to meet this obligation can expose landlords to:

• Fines and bylaw enforcement

• Liability claims if a tenant or visitor is injured

• Applications before the Landlord and Tenant Board (LTB)

Can Snow Removal Be Assigned to a Tenant?

This is where many landlords get tripped up (sometimes literally).

Some lease agreements attempt to make snow removal the tenant’s responsibility. However, most of these clauses are typically unenforceable unless for example, the area being cleared is used exclusively by that tenant (such as, a private entrance or private driveway).

For common areas, simply putting a clause in the lease is not enough.

The Montgomery v. Van Decision: A Key Warning for Landlords

Ontario’s landmark Montgomery v. Van case made the rules clear.

In that case, a tenant slipped on a snowy walkway leading to her basement apartment and sued the landlord. Even though her lease stated that tenants were responsible for keeping the walkway clear, the court ruled that:

➡️ A landlord cannot transfer snow removal duties to a tenant through a lease clause alone.

To legally shift responsibility, the arrangement must be a separate contract, completely distinct from the tenancy agreement.

Without this, landlords would remain legally responsible, regardless of what the lease says.

Snow removal issues are one of the most common and costly winter risks landlords face.

We focus on preventing problems, not just reacting to them, saving landlords time, money, and stress.