Are you tired of shoveling? Should your tenant do it?

This is the coldest winter with much more snow than we had in the past few years. By now every one is probably tired of shoveling. A common issue among landlords and tenants concerns whether a tenant can or cannot be required by their landlord to shovel snow – from both walkways and driveways – on his/her property. Tenants who lack the funds and/or tools to do so will often look to their landlord, depending on the type of property in which they live.

Traditionally, responsibility for snow-clearing may be determined by the type of property in question. In a single-unit property such as a house or a townhouse, in which only one tenant makes use of the walkways and driveways, he/she assumes [rightfully] the responsibility of clearing them. For a property occupied by several tenants (including houses where basement and main floor are rented by different tenants), however, the landlord is often responsible for the arrangement of professional snow clearing services.

The Ontario Residential Tenancies Act officially governs landlord-and-tenant relationships. Although the law does not specifically address the clearing/shoveling of snow in residential areas, a common view is held that parties may negotiate a particular issue that is not formally addressed by the law. Some property leases do contain clauses which specify who is responsible for clearing snow; when leases are silent on the issue, however, the best option for both landlords and tenants is to negotiate among themselves.

Landlords and tenants can reach a deal whereby the tenant may take snow clearing responsibility, so long as both parties are in full agreement; the Court of Appeal made no objection to this. However you might choose to hire your tenant for snow clearing on separate contract (not lease agreement), it may be upheld for as long as the landlord and tenant agree to its terms. Simultaneously, termination of a snow clearing agreement is not a legitimate basis for the termination of a tenancy.