Oh no, it's snowing. Again. But you just shovelled the sidewalk yesterday. And the day before. So far in 2025, Ontario has been buried in 20% more snow than in previous years. Is anyone else getting tired of the battle?
Who is legally responsible for shovelling snow off the sidewalk?
a) The person who lives on the property
b) The renter whose name is on the lease agreement
c) the owner of the property
d) the township
The answer is c) the owner of the property.
If you are lucky enough to live in an area where the municipality uses a special plow to clear your sidewalk for you, then you should send them a thank-you note. Most subdivisions outside of the city core do not receive this service, and it is understood that the adjoining property will complete this chore.
According to The Residential Tenancies Act s.20 (1) (RTA), "A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair for habitation and for complying with health, safety, housing and maintenance standards." Note that this is a general umbrella statement and does not specify anything about snow.
What if a landlord has placed into a written lease that it is the tenant's responsibility to look after snow removal?
Oftentimes, both landlords and tenants are ignorant of the terms that can be placed into a lease agreement, and will execute this document regardless. However, what the parties are not aware of is that the terms of a landlord-tenant lease may be futile as they are not enforceable if they are not supported by the RTA. The statute will always take priority over a landlord tenant document.
There are many 'illegal' terms that are often found in landlord-tenant leases, including using post-dated cheques for payment, collecting a damage deposit upfront, or prohibiting the tenant from having pets. Should a landlord wish to use any of these factors to justify requesting eviction of their tenant, the Landlord Tenant Board will most likely dismiss their case.
What happens if snow does not get removed from a sidewalk?
In Ontario, each municipality is responsible for snow clearing, so if a residential sidewalk is not cleared by a citizen, then this person could be issued a bylaw fine. In the City of Waterloo, for example, the snow removal bylaw states that property owners must clear their sidewalks within 24 hours after a snow event. Depending on the clean-up fee and the frequency of complaints made against the violator, fines range anywhere from $100 up to over $1000.
What happens if a property owner does not pay a bylaw fine?
The same as any other debt, the municipality is permitted to charge late and interest fees on the amount, take collection action against you in order to collect the debt (which could then detrimentally effect your credit rating), or even obtain a judgment and place a writ against the title of your property.
So technically, it is the obligation of the landlord or the property owner to ensure that snow is removed from the sidewalk of a premises. However, there is still a second level gray area to this issue.
Can I sue my previous tenant for damages after they have vacated my property?
If a bylaw is made against a property, it will be placed in the name of the registered property owner. When the tenant is still residing in the rented property, the landlord cannot pass this charge onto their tenant because their agreement is under the direction of the RTA and therefore within the jurisdiction of the Landlord Tenant Board.
However, after a tenant has vacated a rented property, the jurisdiction will change to be with the Small Claims Court. Therefore, the previously signed landlord-tenant lease agreement (under the RTA) will now be void, and any damages that may have been incurred to the property when the tenant resided there are now understood to be part of a new contract. In general, if the landlord received any by-law charges due to the negligence of their now-vacated tenant, these can be included in a Small Claims Court claim for any other damages that the landlord may wish to collect.
Saying that, just because a judgment is obtained against someone, does not mean it is easily collectible. It is generally assumed that if a person was previously a renter, they will continue to be a renter in the near future. Therefore, placing a lien against an asset (property) for collection is not an option, so information would need to be obtained about a person's employment to try to issue a wage garnishment for collection. Nevertheless, a new address may need to be located just to serve the claim initially.
Considering the amount of the bylaw fine, it is likely not worth the financial investment to try to use the legal system to collect this amount from a negligent tenant.
What is a landlord to do if their tenant is not shovelling the sidewalk?
A responsible landlord should always ensure they physically check up on their property regularly. One good reason that can be used to gain access to a leased premise, is to check smoke detectors and change furnace filters on at least a quarterly basis. As long as a tenant is provided 24-hour written notice (as per the RTA), the landlord can enter the unit.
Although a tenant cannot be served a notice of eviction for not shovelling snow, a landlord can try to be creative to find an alternate legal reason should they wish to remove their tenant before their lease agreement has expired.
The best option a landlord has to prevent being issued a fine for not clearing the snow from the sidewalk is to simply suck-it-up-princess and do the physical labour themself.
What if the property owner is a senior or physically unable to shovel the snow from their sidewalk?
Most municipalities have a program for people in this situation, as long as the person has pre-registered in anticipation that this is a task they need assistance with. If a homeowner is not able to maintain their property, they should also consider hiring a private company to assist them with snow removal. Most landscape companies charge a lump sum seasonal rate for their services.
If I slip and fall on an uncleared sidewalk, who should I sue?
Due to the chain of ownership, a municipality can issue a bylaw fine against a homeowner for not clearing snow from their sidewalk. However, the sidewalk is still considered as being owned and maintained by the city. Therefore, your claim would be against the municipality.
Respecting your Neighbours
Although someone residing in a property may not legally be responsible for shovelling snow from their sidewalk, they do have a civic and moral responsibility. If your next-door neighbour falls and breaks their leg due to your negligence, do you really want to live with the guilt of seeing them try to maneuver on crutches?
In Ontario, shovelling snow is a common chore but necessary to ensure the safety of our community.
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Although Agent K is not offering to shovel snow for you, she does offer a variety of landlord-tenant related services, including: a thorough tenant background check, debtor and asset location, and assisting with legal paperwork. www.agentkpi.ca
