Lindsay Montgomery rented a basement apartment in a sixplex building from Duc Van in 2002. She agreed to be responsible for shoveling snow and so her lease had the following clause: “Tenants are responsible for keeping their walkway and stairway clean (including snow removal).”
On January 30, 2003, Montgomery slipped on the walkway leading to the basement apartments, dropped a juice bottle and cut herself. She claimed that she suffered permanent nerve damage to her left hand and that the Landlord was negligent in not clearing the snow.
The landlord’s defence was that since it was her responsibility to clear the snow under the lease, he should not be responsible. When this case went to trial in January, 2009, the judge agreed that the landlord could delegate snow removal to the tenants if they agreed, so Montgomery’s claim was dismissed. The case then went to the Ontario Court of Appeal and in a decision dated June 29, 2009. The court ruled that since the responsibility for snow removal is the landlord’s under the Act, then the landlord cannot transfer this responsibility to the tenant unless there is separate consideration given. In other words, the landlord would have been required to sign a separate agreement whereby he paid the tenant to remove the snow. Without this, the clause requiring snow removal was void.
In a separate landlord and tenant board decision, a tenant was able to recover $200 that he paid for snow removal at his property when the landlord failed to arrange for it.
These sorts of questions come up all the time. Who has to cut the grass? Who is responsible if a pipe breaks three floors above your apartment and the water causes damage to your personal belongings?
In general, a landlord has an obligation to keep the building and the rental units in it in a good state of repair and comply with health and safety standards. It is the landlord’s responsibility for snow removal and grass cutting. Under section 26 of Ontario Regulation 517, exterior common areas must be maintained by the landlord and this includes removing noxious weeds and any unsafe accumulation of ice and snow. Tenants must keep their unit clean and repair any damages caused by them or their guests.
If your apartment comes with appliances, the landlord has an obligation to maintain them in a safe operable condition. This does not mean the landlord has to buy you a new appliance if one breaks down. He must either repair it or provide you with a similar working appliance.
Landlords and tenants can agree as to where and how garbage is to be disposed. In the lease, Tenants should be required to place their garbage in the appropriate place and at the appropriate time for pickup.
If a landlord is not properly maintaining a property, Tenants should not withhold rent. If you do this, the landlord can try to terminate your lease based on non-payment of rent. It is better to first approach the landlord or property manager and try and resolve the problem amicably. If it is not resolved, then make a written request of the landlord or the property manager, where you detail all of the items that need repair. If the problem persists, the tenant can then bring an application to the Landlord and Tenant Board or they can contact the Investigation and Enforcement Unit of the Ministry of Municipal Affairs and Housing. This unit may arrange for an inspection of the property and issue a Provincial work order that requires the landlord to make the repairs by a deadline date.
It is best to understand all of your repair and maintenance obligations before a lease is signed, so that problems do not result later.
