Are Landlords Responsible for Maintenance Like Snow Removal and Lawn Care?
Yes. In Ontario, landlords are generally responsible for maintaining both the interior and exterior of a rental property. This includes tasks such as snow removal, lawn care, and general upkeep.
Importantly, these obligations cannot simply be transferred to a tenant through a lease. If you are unsure whether a maintenance responsibility has been properly assigned, Babbar Legal can help clarify your rights and obligations.
Maintenance Responsibilities Are Set by Law
There is a common misconception that landlords can require tenants to handle outdoor maintenance—such as shoveling snow or cutting grass—by including such terms in a lease.
However, the Residential Tenancies Act, 2006 places the responsibility for maintaining the property squarely on the landlord.
Under section 20 of the Act, a landlord must ensure that the rental property is kept in a good state of repair, fit for habitation, and compliant with health and safety standards. This obligation extends beyond indoor repairs and includes routine exterior maintenance.
Additionally, section 4 of the Act makes it clear that any lease provision that conflicts with these legal obligations is void and unenforceable.
Lease Clauses Cannot Shift Maintenance Duties
Even if a lease states that a tenant is responsible for snow removal or lawn care, that clause will generally have no legal effect if it attempts to override the landlord’s statutory duties.
This principle was addressed in Montgomery v. Van (2009 ONCA 808), where the Court confirmed that:
- A landlord cannot avoid maintenance obligations by inserting vague or general clauses into a tenancy agreement
- Assigning responsibility to a tenant within the lease, without more, is inconsistent with the legislation and therefore unenforceable
In other words, landlords remain legally responsible for ensuring that maintenance is carried out, regardless of what the lease says.
Can a Tenant Ever Perform Maintenance?
There is a limited exception.
A landlord and tenant may enter into a separate, standalone agreement where the tenant performs maintenance tasks as a contractor. However, this must be clearly distinct from the tenancy agreement and supported by proper consideration (such as payment).
Even in those cases, the landlord still carries the ultimate responsibility to ensure the property is properly maintained. If the work is not done adequately, liability may still fall back on the landlord.
For this reason, landlords should proceed cautiously and consider using qualified, insured professionals instead. Babbar Legal can assist in structuring such agreements properly if needed.
What About Tenant Responsibilities?
Tenants are still required to keep their unit reasonably clean under section 33 of the Act. This includes basic upkeep of their living space.
However, whether outdoor tasks like snow shoveling or lawn care fall under “cleanliness” is not clearly established in law and remains uncertain. As a result, relying on this provision to shift maintenance duties to tenants is risky.
Liability to Third Parties
It is also important to distinguish between maintenance obligations and liability for injuries.
Under the Occupiers’ Liability Act, both landlords and tenants may be considered “occupiers” of a property. This means that if someone is injured—such as in a slip-and-fall incident—liability may arise regardless of who was supposed to perform the maintenance.
Cases such as Miaskowski v. Persaud (2015) and Taylor v. Allen (2010) illustrate that these issues can become complex and fact-specific.
Final Thoughts
In Ontario, landlords are legally responsible for general property maintenance, including snow removal and lawn care. Lease terms that attempt to shift this responsibility to tenants are typically unenforceable.
While separate agreements with tenants acting as contractors are possible, they must be carefully structured and do not eliminate the landlord’s underlying obligations.
If you are dealing with maintenance disputes or want to ensure your lease and practices comply with the law, Babbar Legal can provide clear, practical guidance to help you avoid unnecessary risk.