In Ontario, consistently refusing to move your car for mandatory snow plowing can lead to an N5 eviction notice for interfering with the landlord’s lawful rights and maintenance duties. You generally have a 7-day window to correct this behaviour. If you fail to comply, the landlord can file an L2 application with the Landlord and Tenant Board (LTB), which costs $201 CAD, to pursue your eviction.
Winter in Ontario brings heavy snowfall, and with it, strict property maintenance responsibilities. Under the Residential Tenancies Act (RTA) and local municipal bylaws, landlords are legally obligated to keep driveways, parking lots, and walkways clear of snow and ice to prevent slips and falls. Whether you rent a house in Ottawa, an apartment in Mississauga, or a duplex in Sudbury, landlords usually hire private snow removal companies to plow the lot. To do this effectively, tenants must temporarily move their vehicles.
A major dispute often arises when a tenant repeatedly refuses to move their car after a snowstorm. 📊 While you might think you are only inconveniencing yourself by having your car snowed in, you are actually preventing the landlord from fulfilling their legal safety obligations. This behaviour is considered an interference with the landlord’s lawful rights. If the plow cannot clear the driveway, the landlord faces massive liability for potential injuries and municipal fines. In response, they can issue formal eviction notices. Understanding your lease and communicating with your landlord or a local law firm is crucial to avoiding eviction over a snowbank.
Step-by-Step Process: How Snow Removal Evictions Unfold in Ontario
Evicting a tenant for interfering with property maintenance is a formal legal process, not an overnight lockout. The LTB requires landlords to give tenants a chance to correct their behaviour. Here is the step-by-step process of how this type of dispute escalates in Ontario.
Step 1: Reviewing the Lease and Written Warnings
The first step usually involves reviewing the terms of your tenancy agreement. 📄 Most standard Ontario leases include clauses detailing parking rules and snow removal procedures. If a major storm hits Toronto or Thunder Bay, the landlord or property manager will typically give tenants advance notice (e.g., 24 hours) to move their cars to the street. If you refuse, the landlord will likely start by issuing written warnings documenting your failure to cooperate.
Step 2: Receiving an N5 Notice
If warnings fail and your car continues to block the snowplows, the landlord will serve you an N5 Notice (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding). The notice will explicitly state that your refusal to move the vehicle is interfering with the landlord’s lawful right to maintain the property safely. The N5 gives you a termination date that is at least 20 days away.
Step 3: The 7-Day Void Window
The N5 is considered a “curable” notice. ⏱️ This means you have exactly 7 days from the day you receive the notice to correct your behaviour and void the eviction. To void it, you simply need to move your car and agree to comply with future snow removal requests. If you comply within this week, the landlord cannot proceed to the LTB. However, if you receive a second N5 for the same issue within six months, there is no 7-day cure period, and the landlord can file for eviction immediately.
Step 4: The LTB Eviction Hearing
If you do not move the car, or if it is your second offence, the landlord will file an L2 Application with the LTB. At the hearing, the landlord will present photos of your buried car and invoices from the snow removal company proving they could not complete the job. If the adjudicator agrees you substantially interfered with the landlord’s duties, they can issue an eviction order. Seeking advice from an experienced tenant lawyer can help you build a defence if the landlord’s requests were unreasonable.
How Much Does the Legal Process Cost in Ontario?
Disputes over parking and snow removal can quickly become expensive, especially if the landlord seeks to pass their financial losses onto you. Here is a breakdown of potential costs:
| Cost / Consequence | Estimated Amount (CAD) |
|---|---|
| LTB L2 Filing Fee (Landlord’s cost) | $201 CAD ($186 online) – May be charged to tenant |
| Snow Plow Call-Back Fees | $100 – $300+ CAD (Landlord may seek reimbursement) |
| Paralegal / Lawyer Representation | $800 – $2,500+ CAD per side |
| Municipal Bylaw Fines (Unshovelled walks) | $100 – $500 CAD (Depending on the city) |
- Passing the Costs: If the landlord has to pay the plow company an extra fee to return the next day because your car was in the way, they can ask the LTB to order you to pay those out-of-pocket expenses during the L2 hearing.
- Filing Fees: If the landlord wins the eviction case, adjudicators frequently order the tenant to reimburse the landlord for the $201 CAD application fee.
How Long Does the Process Take?
The initial timeline is very short, but the LTB process drags it out. ⏱️ You only have 7 days to move your car and void the first N5 notice. If you fail to do so, the termination date on the notice is typically 20 days after it was served.
However, an eviction is not automatic on day 20. The landlord must wait for a hearing date at the LTB, which currently takes 6 to 9 months due to provincial backlogs. You have the legal right to remain in your home until an adjudicator issues a formal eviction order and the local Sheriff arrives to enforce it.
Frequently Asked Questions (FAQ)
Can the landlord tow my car instead of evicting me?
Towing a tenant’s car from their assigned parking spot is legally risky for a landlord under the RTA. Most landlords prefer to issue an N5 notice rather than risk a T2 tenant application for illegal towing and property interference.
What if there is a street parking ban during the storm?
This is a common issue in cities like Ottawa and Toronto. If the city bans street parking, the landlord must provide a reasonable alternative or coordinate a specific time for you to shift spaces while the plow clears the lot.
Is snow removal the landlord’s job if I rent a whole house?
Yes. Under the RTA, exterior maintenance (including snow shovelling) is legally the landlord’s responsibility, even for single-family homes. A clause in the lease saying the tenant must shovel snow is generally void unless it is a separate, paid contract.
Can I be evicted for just one missed snow day?
It is highly unlikely to be evicted for a single mistake, especially since the first N5 notice allows you a 7-day cure period. However, a repeated pattern of defiance will likely lead to a successful L2 eviction application.
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