Are Waterloo Landlords Responsible for Snow and Ice Removal?

With Waterloo Region’s strict snow removal bylaws, property owners need to stay on top of who will be responsible for snow clearing to avoid non-compliance. This can be made more complex when the actual property owner isn’t the same as who resides in the property — such is the case with landlords. If you’re a landlord in Waterloo, keep reading to learn about your duties when it comes to snow and ice removal, and whether the tenant can be held responsible. 

Who is Responsible for Snow Removal in Waterloo: Landlord or Tenant?

It is the landlord’s legal responsibility to remove the snow or ensure someone else removes it. According to the Residential Tenancies Act (RTA), snow removal is part of the landlord’s obligation to perform necessary maintenance and ensure safety of the unit. 

If the landlord or property management are unable to remove the snow themselves, they must leave the responsibility to a professional snow removal company. 

Snow Removal Clause in the Lease

Many landlords add a clause in the lease that transfers snow removal responsibilities to the tenant. However, this clause is not usually enforceable unless the tenant(s) receive adequate compensation for clearing the snow themselves. 

The Potential Costs of Not Removing Snow and Ice for Tenants

If a landlord and/or their property management chooses to neglect their duty to clear the snow, they may face:

1. Fines and Penalties: Municipal bylaws in Waterloo require property owners and managers to clear snow and ice within a set timeframe. These bylaws are enforced through hefty fines for first-time convictions and all future convictions. 
2. Liability for Injuries: If a tenant, visitor, or passerby slips and falls on untreated ice or snow, the landlord could be held legally liable for injuries and damages.
3. Landlord and Tenant Board (LTB) Disputes: Unsafe snow conditions can lead to a formal complaint with the LTB. A lack of snow removal efforts is a clear sign of negligence, and can work against you in a LTB judgement. 
4. Property Damage: Accumulated snow and ice can lead to all kinds of damages, including blocked drainage, leaks, or damaged roofs, gutters, and pathways. This leads to more costly repairs and maintenance. 

Landlords Must Follow Waterloo Sidewalk Clearing Rules

Landlords must meet snow safety standards for tenants while also complying with Waterloo’s sidewalk clearing bylaws, which requires sidewalks adjacent to the property be cleared by the property owner. Snow and ice must be cleared down to the pavement within 24 hours after the snowfall ends to ensure safe pedestrian access.

Free Landlord Snow Removal To-Do List

The landlord must ensure that all common and publicly accessible areas are safe and free of snow and ice, including:

1. What’s Required
   1. Sidewalks adjacent to the property within 24 hours
   2. Building entrances and exits
   3. Driveways and parking lots
   4. Walkways and paths leading to units or amenities
   5. Stairs, ramps, and landings
   6. Common outdoor areas
2. What’s Recommended
   1. Roof — We recommend clearing the roof of snow to prevent roof collapse, leaks, and other safety issues with the unit. 
   2. Eavestroughs and overhangs — Landlords should clear ice dams or icicles that could cause property damage or be a safety risk. 
   3. Utility meters and vents — Clearing snow in these areas can prevent gas leaks or blocked exhaust vents.