A landlord's snow duties depend on the kind of rental, the lease and the city. This general guide, which is not legal advice, sets out which rules apply, where responsibility usually sits and how to protect yourself in Kitchener, Waterloo, Cambridge and Guelph.
In This Article
Three layers of rules that can apply
| Layer | What it says, in general terms | What to check |
|---|---|---|
| Occupiers' Liability Act | An occupier must take the care that is reasonable in the circumstances to see that people on the premises are reasonably safe. A landlord and a tenant can each be an occupier, of different areas | Who controls each area, and what reasonable care looks like on a stormy morning |
| Residential Tenancies Act | A landlord must keep the rental complex in a good state of repair and fit for habitation, and must meet maintenance standards. Snow clearing in shared outdoor areas is generally the landlord's job | Your lease, the type of tenancy and current advice |
| Municipal bylaws | Cities set sidewalk clearing rules, and often name the owner, the occupant or both | The current wording on your city's website |
The details of each layer change over time, and courts read them against the facts of each case. Treat this as a map, and confirm the specifics for your building.
Who usually clears what
| Area | Who usually clears it | Notes |
|---|---|---|
| Shared driveway, parking area, walkways and entrances of a multi-unit building | The landlord | The landlord controls these areas, so the duty generally sits there |
| Steps, walk and driveway used by one tenant alone, as at a house or townhouse | Often the tenant, if the lease says so clearly | A 2024 Ontario Court of Appeal decision upheld such a clause for a tenant's own steps. Wording and facts matter |
| Public sidewalk in front | Whoever the bylaw names | Read your city's current bylaw, and do not assume it follows the lease |
| A unit inside a house that shares a driveway or entrance | Depends on who controls the shared part | Write it down for each area |
Want your driveway cleared before 7am?
Seasonal snow removal for homes across Kitchener, Waterloo, Cambridge & Guelph, so winter mornings take care of themselves. Free, no-obligation quotes, ready within 1 business day.
Make the lease clause workable
A clause cannot shrink your duty for shared areas, and a vague one invites a dispute. If tenants clear the areas they alone use, spell it out.
- Name each area: the front steps, the path to the driveway, the driveway itself.
- Say when clearing is expected, in terms that match your city's current bylaw.
- Supply a shovel and a bag of de-icer or sand, so there is no excuse.
- Give tenants a number to call if an area is unsafe or they cannot clear it.
- Keep the shared areas out of the clause, and look after them yourself or through a contractor.
The paper trail that protects you
If someone slips, the question will be what reasonable steps were taken, given the weather that day. Keep a log for each property:
- The date, when the snow stopped and when each area was cleared.
- What was done: shovelled, plowed, sanded or salted, and by whom.
- Dated photos of the areas afterwards.
- Contractor invoices and any visit reports.
- Tenant complaints and your replies.
Keep everything in one folder, and ask your insurer how long to hold on to it.
Hiring a contractor for a rental
Hiring a contractor does not hand your duties away. The Occupiers' Liability Act speaks to independent contractors, and in general terms it helps most when you chose a competent one, took reasonable steps to check that, and checked the work. So ask for:
- Proof of liability insurance, and ask your broker whether the policy should name you as an additional insured.
- Proof of WSIB coverage.
- A written scope that names each area, the trigger for a visit, the response window and any ice treatment.
- A named contact for missed visits, and visit records you can file.
For a sense of what to expect, D&D Home Services is insured for $2 million in general liability, and its snow removal starts at $80 per visit for typical Kitchener-Waterloo homes, with seasonal contracts available. The written quote is free. The snow removal tips for rental property owners and the guide to snow removal liability in Ontario add detail.
Questions for your lawyer or broker
- Who is the occupier of each area at my property?
- Does my lease clause hold for the areas it names?
- What does my landlord policy cover after a fall on snow or ice, and what must I do first?
- Should a contractor's policy name me, and what proof should I keep?
- What does my city's current bylaw say for my type of property?
Key Takeaways
- Three layers of rules can apply: the Occupiers' Liability Act, the Residential Tenancies Act and municipal sidewalk bylaws, and each is read against the facts.
- Shared areas generally fall to the landlord, while a clear lease clause may assign tenants the steps, walk and driveway they alone use.
- A named-area clause, a supplied shovel and de-icer, and dated logs and photos make a snow plan easier to show.
- A contractor helps when it is insured, has WSIB coverage and works to a written scope, and you still need to check the work.
Sources & References
Request a home-service quote
Select the service you need and describe the work area and access.