Who Is Responsible for Snow Removal at a Rental Property in Ottawa?
Every Ottawa winter, the same question comes up for landlords and tenants: who is supposed to clear the snow? It sounds simple, but it's one of the most common sources of disputes at a rental property, and when it goes wrong, the cost can be a lot more than a missed shovelling. Here's how it works in Ontario and what to do before the first snowfall.
Every Ottawa winter, the same question comes up for landlords and tenants: who is supposed to clear the snow? It sounds simple, but it's one of the most common sources of disputes at a rental property, and when it goes wrong, the cost can be a lot more than a missed shovelling. Here's how it works in Ontario, and what to do before the first snowfall.
The Short Answer: Who is Responsible?
In Ontario, the landlord is ultimately responsible for keeping a rental property safe and in good repair. That includes making sure walkways, steps and driveways aren't dangerous because of snow and ice. If someone slips and gets hurt on a property that wasn't kept safe, it's the owner who is likely to be asked to answer for it. That said, the landlord doesn't have to do all the shovelling personally. Responsibility can be shared, as long as it's done properly.
Can a Lease Make the Tenant Shovel?
Often, yes, for some areas. In 2024, the Ontario Court of Appeal upheld a lease clause that assigned snow and ice clearing to tenants for the steps and area they used exclusively at their townhouse. In other words, a clear clause in the lease can be valid when it covers a tenant's own front steps and walkway.
A few things to keep in mind:
- It has to be written down. An unwritten understanding ("the tenant always does it") won't help anyone when a dispute comes up.
- It works best for areas the tenant uses alone. Shared areas, like a common driveway, lobby entrance or parking lot in a multi-unit building, are generally the landlord's to look after.
- Not every situation is the same. The details of the lease and the property matter, and the law in this area has been interpreted differently over time, so a landlord with a specific question should check with a lawyer.
What a Good Snow Clause Actually Says
If the tenant is responsible for part of the clearing, the lease should be specific rather than vague. A good clause covers:
- Which areas the tenant is responsible for (front steps, walkway, a specific part of the driveway).
- How quickly snow needs to be cleared after a snowfall.
- Ice: whether the tenant is expected to salt or sand, and who provides the salt and a shovel.
- What happens if the tenant is away, so a walkway isn't left unsafe for days.
Don't Forget the City
Ottawa also has its own rules about clearing snow and ice from sidewalks and walkways, and the property owner can be held responsible for them. Before winter, it's worth checking the City of Ottawa's current requirements, including time limits, so your lease and your plan match the by-law.
Why This Matters for Out-of-Town Owners
If you don't live nearby, you can't check the walkway yourself after a storm. A missed morning can turn into an injury claim, an insurance headache or an unhappy tenant. The safest approach is to decide before winter who handles each area, put it in writing, and have a backup plan for the areas that are yours.
How We Handle It
At Sincere, we make sure the lease spells out exactly who is responsible for what, so there are no surprises in January. For the areas that stay with the owner, we coordinate with local contractors so they're taken care of, and owners don't have to be reachable at 6am after a storm.
If you own a rental in Orléans, Gloucester, Cumberland or Rockland and want your property ready before the first snowfall, we're happy to talk.