In Ontario, landlords cannot force tenants to shovel snow or mow the lawn simply by writing it into the standard lease. These clauses are void. To legally transfer exterior maintenance duties, the landlord must create a separate, severable contract where the tenant is fairly compensated for their labour.
When the harsh winter arrives in cities like Sudbury, Barrie, and London, heavy snowfall creates an immediate chore: shoveling the driveway. Similarly, the humid Ontario summers require constant lawn care. Many renters who move into full houses or townhomes are handed leases that state, “Tenant is responsible for all snow removal and lawn maintenance.” Most tenants sign it without a second thought. 🌨
However, under the Ontario Residential Tenancies Act (RTA), maintaining the exterior property to health, safety, and housing standards is strictly the landlord’s responsibility. The courts have repeatedly ruled that a landlord cannot contract out of this statutory duty within the lease itself. If you slip and fall on an icy driveway because you didn’t shovel, the landlord might still be held financially liable. Understanding the difference between a void lease clause and a valid maintenance contract is essential for both your physical safety and your legal protection.
Step-by-Step Process in Ontario
If you are tired of doing free manual labour for your property owner, or if you simply do not have the physical ability to shovel snow anymore, you have the right to push back. Here is how to navigate this dispute legally.
Step 1: Review Your Ontario Standard Lease
Look at your lease agreement. If the requirement to cut the grass or shovel snow is just typed into the “Additional Terms” section of the lease, that specific clause is considered completely void by the Landlord and Tenant Board (LTB). You are not legally bound to follow it, even if you signed the document. 🔍
Step 2: Understand “Separate Contracts”
For a tenant to be legally responsible for exterior maintenance, there must be a completely separate agreement outside of the lease. This is known as a severable contract. Crucially, the landlord must compensate you for this work. This means they must pay you a tangible amount (e.g., $100 per month) for your services, or offer a clearly defined, measurable rent discount specifically allocated for the labour.
Step 3: Notify the Landlord in Writing
If you have been doing the work for free because of a void lease clause, send a polite written notice to your landlord. State that under Section 20 of the RTA, exterior maintenance is their responsibility, and you will no longer be providing free snow clearing or landscaping services. Request that they hire a contractor moving forward. 📧
Step 4: Keep the Unit Safe While Disputing
If a heavy snowstorm hits Toronto or Ottawa while you are arguing with your landlord, it is still wise to ensure a safe exit route from your home in case of an emergency. However, continue to document the landlord’s failure to maintain the property.
Step 5: Contact Municipal Property Standards
Cities across Ontario have strict bylaws requiring snow to be cleared within 24 hours of a snowfall to allow access for paramedics and postal workers. If your landlord refuses to shovel, call your local bylaw enforcement. A bylaw officer can fine the landlord directly for failing to maintain the exterior walkways. 🚨
Step 6: File a Form T2 or T6 at the LTB
If the landlord’s refusal to clear snow traps you in the house, or if the overgrown lawn attracts pests, you can file an application at the LTB. Use a Form T6 (Maintenance) to force the landlord to do the work, or a Form T2 (Interference with Rights) if their neglect severely impacts your ability to enjoy your rental home safely.
How Much Does it Cost in Ontario? 💵
Clarifying maintenance duties should not cost the tenant any money, but it heavily impacts the landlord’s budget:
- Tenant Costs: $0 CAD. You are not required to buy a lawnmower, salt, or snow shovels unless you have a separate paid contract to do so.
- Valid Contract Compensation: If you do sign a valid separate contract, landlords typically compensate tenants between $50 and $150 CAD per month for property upkeep.
- LTB Filing Fee: If you must escalate the issue, filing a T2 or T6 application costs $53 CAD ($48 online).
- Bylaw Fines: If the city has to come and clear the snow because the landlord ignored a warning, the city will bill the landlord, often charging upwards of $300 to $500 CAD per incident.
| Lease Scenario | Is it Legally Binding in Ontario? |
|---|---|
| Snow shoveling is written into standard lease. | No. Clause is void under the RTA. |
| Separate signed contract paying tenant $100/mo. | Yes. This is a valid, severable service contract. |
| Tenant offered cheaper rent in exchange for mowing. | Only if explicitly detailed as a separate, revocable discount in writing. |
How Long Does the Process Take?
Snow removal is an urgent health and safety issue. According to most municipal bylaws in Ontario, sidewalks and driveways must be cleared of ice and snow within 12 to 24 hours after a storm ends. If you stop doing the work, the landlord must take over immediately. If you file an LTB application, securing a hearing currently takes 4 to 8 months, so calling local bylaw enforcement is usually the fastest way to get immediate results.
Frequently Asked Questions (FAQ)
What if I rent an entire single-family house?
The rules remain exactly the same. Even if you are the only tenant living in a detached house in Ontario, the landlord is still legally responsible for exterior maintenance like snow and lawns.
Can I cancel my separate maintenance contract mid-winter?
Yes, because it is a severable contract, either party can usually cancel the service agreement with reasonable notice, without it affecting your tenancy or your right to continue living in the home.
Who is liable if a delivery driver slips on the ice?
Under the Occupiers’ Liability Act, the landlord is typically the primary party held liable for slip and fall injuries on the property, which is why landlords should ensure the snow is cleared professionally.
Can the landlord evict me if I refuse to mow the lawn?
No. A landlord cannot evict you for refusing to perform a task that is legally their responsibility in the first place. Any N5 eviction notice based on this would be thrown out by the LTB.
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