In Ontario, any clause in a residential lease that forces a tenant to shovel snow or mow the lawn is generally void. Under the RTA, exterior maintenance is strictly the landlord’s legal responsibility. To legally pass this duty to a tenant, the landlord must create a separate, severable contract where the tenant is compensated (e.g., paid $50 a month to shovel).
When winter hits Ontario, the battle over who holds the snow shovel begins. In cities with heavy snowfall like Sudbury, Kitchener, and Toronto, landlords frequently try to offload the difficult and time-consuming tasks of snow clearing and lawn mowing onto their tenants. Many tenants sign leases containing explicit clauses stating, “The tenant is responsible for all driveway snow removal and yard maintenance.”
Most tenants assume that because they signed the document, they are legally bound to do the work. 🚫 This is a massive misconception. Under Section 20 of the Residential Tenancies Act (RTA), the landlord is solely responsible for maintaining the property in a good state of repair, which explicitly includes exterior property maintenance. The landmark court decision *Montgomery v. Van* solidified that a landlord cannot simply bury a snow removal clause in a standard lease to escape their statutory duties. Understanding this rule can save you from physical strain, liability, and unfair lease enforcement.
Step-by-Step Process for Handling Maintenance Disputes in Ontario
If your landlord is demanding that you clear the ice or mow the lawn without fair compensation, you must navigate the dispute carefully to ensure your safety and protect your tenancy rights.
Step 1: Identify Void Clauses in Your Lease
Review your standard Ontario lease agreement. 🔍 Any clause that simply states “Tenant must shovel snow” or “Tenant is responsible for the lawn” without offering a distinct, severable financial compensation is void and unenforceable. You can legally ignore this specific clause, though the rest of the lease remains valid.
Step 2: Understand the “Severable Contract” Exception
A landlord can legally hire you to do the yard work, but it must be done through a completely separate agreement. For example, the landlord can draft a separate contract offering to pay you $50 per month to act as the property’s snow removal contractor. If you fail to shovel, they cannot evict you; they can only cancel the separate employment contract and stop paying you the $50.
Step 3: Communicate the Law to the Landlord
Many amateur landlords genuinely do not know the RTA rules. 💬 Send a polite email stating, “Under Section 20 of the RTA and Ontario case law, exterior maintenance is the landlord’s responsibility. I am unable to continue shoveling the snow for free. Please make arrangements for a property maintenance service going forward.”
Step 4: Call Municipal Bylaw Enforcement
If the landlord ignores you and allows snow and ice to build up on your walkways, it becomes a severe safety hazard. Do not wait to slip and fall. Contact your local Municipal Property Standards or Bylaw Enforcement office. A bylaw officer can inspect the property and issue an immediate order forcing the landlord to clear the ice.
Step 5: File a T6 Application with the LTB
If the landlord continuously refuses to maintain the exterior, you can file a Form T6 (Application about Maintenance) with the Landlord and Tenant Board. 📄 You can ask the adjudicator to order the landlord to perform the work, and you can request a rent abatement for the months you were forced to live with an unsafe, unmaintained driveway.
How Much Does it Cost in Ontario?
Disputing a lawn care or snow removal issue is generally a low-cost process, but understanding the financial implications of separate contracts is crucial.
- Bylaw Enforcement: $0 CAD. Calling municipal bylaw officers to inspect un-shoveled walkways is completely free for tenants.
- LTB T6 Filing Fee: It currently costs $53 CAD to file a maintenance application online with the LTB.
- Separate Contract Value: If you agree to do the work, the compensation must be distinct. Earning $50 to $100 CAD per month for acting as the property caretaker is common. Beware of “rent discounts” built into the lease, as these often fail legal scrutiny.
- Paralegal Representation: If a landlord illegally tries to evict you for not mowing the lawn, hiring an Ontario paralegal will cost between $500 and $1,500 CAD.
| Maintenance Setup | Legal Status in Ontario | Consequence for the Tenant |
|---|---|---|
| Clause hidden in the standard lease. | Void and Unenforceable. | Tenant can stop shoveling immediately without fear of eviction. |
| Separate, paid employment contract. | Legal and Binding. | Tenant must do the work to get paid, but tenancy is not at risk if they quit. |
| “Rent discount” written into the lease. | Often deemed void by the LTB. | Risky for the landlord. The LTB may restore the higher rent if the tenant stops working. |
How Long Does the Process Take?
Addressing immediate safety hazards like a completely frozen staircase requires urgent action. If you call your municipal bylaw office, an inspector will usually visit the property within 24 to 48 hours due to the high risk of injury.
However, if you are filing a T6 application at the Landlord and Tenant Board to claim back money for work you did, or to get a rent abatement, the process is much slower. 📅 In 2026, waiting for a maintenance hearing at the LTB can easily take 6 to 10 months. It is always faster to rely on local municipal bylaw officers to force the landlord’s hand in real-time.
Frequently Asked Questions (FAQ)
Does renting a whole single-family house change the rules?
No. This is a massive myth in Ontario. Even if you rent a whole detached house in the suburbs and have exclusive use of the yard, the landlord is still legally responsible for lawn care and snow removal unless a separate, valid contract exists.
What if someone slips and falls on the ice?
Under the Occupiers’ Liability Act, both the landlord and the tenant have a duty of care to visitors. However, because the RTA assigns structural maintenance to the landlord, the landlord is heavily exposed to a personal injury lawsuit if a delivery driver slips on an un-shoveled driveway.
Can a landlord evict me for not mowing the lawn?
No. A landlord cannot file a valid eviction notice (like an N5) solely because the grass is too long, because mowing the lawn is legally their job. The LTB will quickly dismiss any eviction attempt based on void lease clauses.
What if I actually want to take care of the garden?
You are more than welcome to voluntarily plant flowers, mow the lawn, and shovel the snow if you enjoy it! The law simply protects you from being *forced* to do it or being penalized for refusing.
Can the landlord charge me for the snow removal company they hired?
No. Exterior maintenance costs are considered a standard cost of doing business for the landlord. They cannot suddenly send you an invoice for the snowplow service, nor can they deduct it from your rent deposit.
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