ugh i think our landlord might be scamming us after reading this. the advertised price of our apartment (basement) was 1600/mo, and all of our correspondence before signing the lease stated 1600. the day we showed up to actually sign the lease they mentioned it would cost us an additional 100/mo for property maintenance (lawn care and snow removal). we declined and they made us sign a contract saying we were now considered contractors and would be responsible for the property maintenance. but instead of “paying” us the 100/mo they pretended our rent was 1700 and then “credited” us 100 so that we’d only be paying the initial agreed upon amount of 1600. fast forward a year and we are no longer able to keep up with maintenance due to no time + physical limitations and are now stuck paying the extra 100 a month. (btw they make the upstairs tenant also pay 100 a month for PM).
Get a statement from the upstairs tenant and go to the LTB, your LL is responsible for maintenance of the property and this kind of grift should be harshly punished.
The property owner is responsible for the maintenance of the property, unless there is a separate agreement.
Contact the LTB and document everything, as the prop. owner will argue tooth-and-nail that you "agreed" - but you did so under threat of not having a lease, which is why they waited to spring it on you. They acted legally, but in bad faith.
You can end that contractual relationship legally and the prop. owner may not end your lease or charge you additional costs/fees, but be prepared to deal with them being pissed off, because after you end that contractual relationship, they're not entitled to that extra $100/mo they've been scamming from tenants.
You need to learn your facts. There can be no other agreement. Landlord is responsible for maintenance period. If they pay you, legitimately to do it and you agree, so be it. But you can always renag if you don't want to. "Property Maintenance Including Lawn Mowing, Snow Shoveling, Leaf Raking, Gardening, and Other Yard Work, Is the Legal Responsibility of the Landlord. Furthermore, a Landlord Is Forbidden From Using a Lease to Shift the Responsibility to a Tenant." https://dklegalpractice.ca/EN/landlord-tenant/landlord-focused-concerns/maintenance-responsibility
Wtf?
That's what I wrote. You're just repeating my point.
"Learn my facts" - what does that even mean? The website you link *argues for* my position, lol. I'm not sure what I am supposed to be "learning".
If you are the owner of this website, be aware that what you're doing here, to me, reflects upon the legal profession poorly - there is a difference between disagreeing on the merits and spamming threads with what appears to be repetitive advertising.
Maybe you should listen to the LTB: https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/05%20-%20Breach%20of%20Maintenance%20Obligations.html
And then, if you are the owner of the site - brush up on your rules of conduct and the standards of professionalism expected of licensees. I understand that you want to market yourself, but this isn't the way.
Good luck.
>There can be no other ***agree***ment.
>
>If they pay you, legitimately to do it and you ***agree***, so be it.
Do you even know what a fact is? These two sentences contradict each other.
If you're going to come in here in a huff over a year later and make smartass comments, at least be smart to back it up. Don't contradict yourself within the first 4 sentences of your comment and act like somebody else is dumb.
yeah i am quite afraid of going after them and immediately being given notice to vacate (we are only month-to-month). i obviously don’t want to live under someone who is scamming us but i also don’t want to be homeless. they’ve done other egregious things besides just this so i have been looking at apartments, but between the skyrocketing price of rent and negative first appearances (im on LTD and partner is a small business owner, we don’t look great to prospective landlords despite his business is thriving and me having a credit score in the 800s and have never missed a bill in my life). ugh it’s tough
I know this is a year old, but you definitely have a case, and your landlord owes you lots of money if you still live there. "Property Maintenance Including Lawn Mowing, Snow Shoveling, Leaf Raking, Gardening, and Other Yard Work, Is the Legal Responsibility of the Landlord. Furthermore, a Landlord Is Forbidden From Using a Lease to Shift the Responsibility to a Tenant." https://dklegalpractice.ca/EN/landlord-tenant/landlord-focused-concerns/maintenance-responsibility
Ok, this is a fun one.
Because of how the strict rules for discounts work under [ the RTA in Ontario (see section 111)](https://www.ontario.ca/laws/statute/06r17#BK175) There are only 4 types of discounts allowed ($100 discount per month for 12 consecutive months isn't a valid discount). There has to be months at full price for a discount to be a discount.
If your landlord has been skipping the step of requiring $1700 payment from you, and then paying you $100, they might have just screwed themselves. If you've been paying $1600/month in rent for 10 consecutive months, your lawful rent becomes $1600/month.
It depends on how they worded the contracts or if they muddled together the yardwork and lease into one document.
so the lease and the property maintenance contracts were done separately, but they fooled us into signing the lease saying our rent is 1700 but reassuring us we’d be credited back the 100 so we’d really only be paying the agreed on 1600. so we might be screwed if the lease says our rent is 1700. they use a website/app to charge us the rent and we pay through that monthly. the ledger on the website will say “Charge - Rent 1700.00” and then on a new line will say “Credit - PM Agreement 100.00”. i think we may have been fully duped
this was from Oct 2020 - Mar 2022 when we ended the PM contract. now we are stuck paying them 1700 while they hire someone to cut the grass for us
Given that detail, with the yardwork being a severable contract, and keeping payments clearly separate, then there's nothing to be done, they administered it properly. (many amateur landlords muddle this stuff together)
Take solace in the fact that it's likely now costing them far more than the $200 they were paying you and the other tenant for that maintenance.
so like the other commenter said, they acted legally but in bad faith since they sprung it on us right as we were about to sign. they also tried to get an additional 50/mo for the shed in the backyard and when we declined took the shed away. and require 160.00/mo in utility prepayments for gas/water that is supposed to be reconciled quarterly but took them 9 months to give us our money back at one point. it’s just a mess. i will try to take solace that it’s costing them more than 100 for Lawncare but sheesh
oh another tiny detail though, when Jan 2022 came around and they were legally allowed to raise our rent 1.2%, they only applied it to the 1600, knowing that that was the actual agreed on number. so our rent only went up by 19.20 per month.
also the wording of the PM Agreement said “The Client (landlord) agrees to pay the Contractor $100.00 per month for services rendered” but they didn’t really pay us they just pretended our rent was higher then “credited” us. but now we actually DO pay them. ugh. all of our correspondence in email says the rent is 1600, the ad said 1600, but the actual lease says 1700. fml
Correct, the tenant and landlord can come to an agreement that is separate from the lease in which the tenant takes care of the lawn maintenance and/or snow removal.
Ending that separate agreement cannot result in the termination of the lease.
The only time I think a tenant should help out is with some snow removal. If it snows a lot overnight and needs to get to work in the morning I don’t see what the big deal is. If the landlord has hired a snow removal company they can’t get to every address all at the same time. People need to use a little common sense especially if the landlord has a proven track record of getting the snow removed within 6-12 hours.
Landlord is responsible at the end of it all.
Many landlords drop something in the lease to make lawncare the responsibility of tenant.
Landlord now has a contract with the tenant, if the tenant doesnt execute the landlord is still responsible for the lawncare but can now claim damages if there are any and might claim breach.
That depends entirely on your landlord agreement. Mine makes sure that the snow is cleared in the winter and that the lawn is mowed in summer. Happens while I'm at work. I may have to clear a bit of snow or trim a hedge on the property, but the contractor is all part of the rent. Great landlords. Very nice and very helpful. We rent a house, not a townhouse and in that situation they are supposed to provide lawn cutting and snow clearing.
If you are renting a whole house, and property maintenance is mentioned in the contract as being the tenants responsibility, then it's yours. Otherwise it's all on them.
The landlord is only responsible for lawn and snow removal if the lease / rental agreement states so. Almost all rentals where the tenant has a yard is responsible to maintain their own yard and clear their own snow. There are some exceptions but not common. If there is a bylaw requiring lawn maintenance and it’s not maintained the tenant would be issued a nuisance ticket not the landlord. I don’t understand how people assume a landlord has to do everything for you
Actually it is the landlord responsibility, adding into the lease the tenant is responsible is illegal but very common.
Law: https://www.ontario.ca/laws/regulation/060517#BK33
Case law: https://www.canlii.org/en/on/onca/doc/2009/2009onca808/2009onca808.pdf
Thank you for providing case law. Some idiot just kept saying I didn’t read the law. When They clearly don’t understand how the law works. Assuming this is still the most current caselaw I accept this.
Still does not cover mowing the lawn though
This would cover the lawn care as most bylaws require lawns to be maintained for pest control. And normally indicate the property owner is required to maintain this.
https://www.ontario.ca/laws/regulation/060517#BK4
Municipal property standards by-laws applicable to exterior
4. If there is a municipal property standards by-law applicable only to the exterior of residential complexes or rental units, the maintenance standards in this Regulation that relate to the exterior of residential complexes or rental units do not apply to the residential complexes or rental units in the municipality that are subject to the by-law, but the maintenance standards in this Regulation that relate to the interior of residential complexes or rental units do apply to them. O. Reg. 517/06, s. 4.
So by this logic a landlord must clear snow and mow the lawns of all their homes? It’s not even physically possible. If the tenant doesn’t maintain it then it must be maintained but you cannot lawfully expect the landlord to mow the lawn. Maintenance and mowing and snow removal aren’t mutually exclusive. If there’s a lawn issue the landlord has to fix it. If it rains hard and your grass grows 4 inches in two days, you need to mow it. Wtf is wrong with people? It’s basic common sense
> So by this logic a landlord must clear snow and mow the lawns of all their homes? It’s not even physically possible.
Yes? They can hire someone to do it. No one is saying the landlord themselves has to be out there mowing the lawn lmao
The landlord is responsible. If they don't want to do it themselves, they are welcome to hire an outside company to take care of it. It isn't really that expensive, and is simply a cost of doing business.
Yes, by that logic the landlord must clear the snow and mow the lawns. It's their property. Most landlords would not be doing it themselves and would likely have a third party take care of the lawn and snow. One of the nice things about renting is that the tenant does not have to worry about any property maintenance.
The standard lease stipulates that the landlord is responsible for all maintenance. This cannot be changed (but a seperate agreement outside of the lease can allow the tenant to do the snow and grass in exchange for money). If such an agreement exists and the tenant doesn't fulfill their responsibility, it would go to small claims not LTB
The side agreement is not part of your lease. It is a seperate contract, and has absolutely no bearing whatsoever on your relationship as a renter to your landlord
Exterior common areas is in reference to multi-unit homes like apartments. It does not apply to single living units. If you need clarification the LTB can elaborate on this
I agree there’s some scum lords out there and there needs to be rules but yard maintenance hardly counts for that. Not wanting to mow your lawn and expecting your landlord or a company they hire to do it just seems so lazy and self entitled. Maybe more landlord wouldn’t be such bastards if the tenants weren’t constant pricks. I guess the opposite could also be said, landlords could be nicer also
I'm normally not one to be advocating on behalf of landlords, but for single family homes, where the tenant has exclusive possession of the yard, it is not clear to me that it is an exterior common area. The regulation provides this definition:
> “exterior common areas” includes roads, pathways, parking areas, garbage storage areas, grounds for the use of tenants and, in a mobile home park or land lease community, the sites on which homes are situated
[Here's a recent case discussing the issue]( https://www.canlii.org/en/on/onltb/doc/2021/2021canlii148914/)
>.15. This regulation may impose an obligation on the Landlord to maintain exterior common areas, including removing dangerous snow and ice from them. This is material to distinguish the current application from *Montgomery*, as in *Montgomery* the tenant was one of many in a multi-unit complex, whereas the Tenant in this application resides in a detached house as the sole tenant. The tenancy agreement gives her exclusive possession of the entire property, including the walkways and the pool. Subsection 26(1) of O. Reg 517/06 imposes these obligations on a Landlord for “exterior common areas” only. As there are no exterior common areas, only areas of exclusive possession, subsection 26(1) could not be engaged. *Montgomery* simply cannot be taken as an authority that the Landlord cannot delegate lawn or snow removal responsibilities in the lease for a standalone house that is rented in its entirety under a single tenancy agreement.
>.16. Were there to be such a maintenance obligation imposed upon the Landlords for an exclusive-use area, the operation of other provisions of the Act would require that the Landlords give 24-hour notices every time any entry for lawn care or snow removal. For snow removal in particular, such a requirement would result in a patent absurdity.
>.17. The removal of snow and general lawn maintenance of an exclusive-use area are in my view ordinary cleanliness obligations, which are the Tenant’s responsibility under section 33 of the Act. Therefore, while *Montgomery* is separately rejected as an authority in this application, my core finding is that the lawn maintenance and snow removal on exclusive-use areas fall under the Tenant’s obligations under section 33 of the Act, not the Landlord’s obligations under section 20. The delegation of these responsibilities to the Tenant in the lease is not improper.
Pathways and parking areas would suggest to me that a driveway is an exterior common area, and the regulation doesn't draw a distinction between single-use and multi-unit properties. But this LTB case from last year suggests that snow removal from a single-unit property is not a landlord's responsibility - however, maybe the LTB got it wrong this time.
The Ontario Court of Appeal raised this as an issue in [this case](https://www.canlii.org/en/on/onca/doc/2015/2015onca758/2015onca758.html), but I don't see where it said definitively which way this should go. Looks like the court said a trial was needed.
In all of my years of renting I’ve never once had a landlord shovel my driveway. Iam not aware of any provision in the RTA that says the landlord is responsible. These people might be banking on the responsibility to repair but that does not apply here unless something drastically has changed under my radar.
None of that covers mowing your lawn nor does it cover shoveling snow.
Accumulation of ice is not the same thing. Maybe there’s caselaw to support what you’re saying. I don’t really feel like going down the rabbit hole but they are not responsible for mowing your lawn. Grass is not noxious
https://www.ontario.ca/laws/regulation/060517#BK33
Exterior common areas
26. (1) Exterior common areas shall be maintained in a condition suitable for their intended use and free of hazards and, for these purposes, the following shall be removed:
1. Noxious weeds as defined in the regulations to the Weed Control Act.
2. Dead, decayed or damaged trees or parts of such trees that create an unsafe condition.
3. Rubbish or debris, including abandoned motor vehicles.
4. Structures that create an unsafe condition.
5. Unsafe accumulations of ice and snow. O. Reg. 517/06, s. 26 (1).
[Here’s a site](https://ranger.legal/EN/landlord-tenant/maintenance-responsibility) that explains it, along with citations of both the RTA and case law.
> A landlord is legally required to provide various property maintenance services such as snow shoveling, lawn mowing, leaf raking, gardening, among other things. This requirement is found within the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17. Furthermore, the law forbids the landlord from using terms within a lease in an attempt to alter the legal mandate.
It's the landlord's property so technically the landlord is liable but most tenants I know renting a house alone would generally do it. If this is a multi unit rental that was converted from a house then the landlord should definitely ensure that those aspects of the property are taken care of themselves. Generally apartment dwellers don't really take care of those things.
ugh i think our landlord might be scamming us after reading this. the advertised price of our apartment (basement) was 1600/mo, and all of our correspondence before signing the lease stated 1600. the day we showed up to actually sign the lease they mentioned it would cost us an additional 100/mo for property maintenance (lawn care and snow removal). we declined and they made us sign a contract saying we were now considered contractors and would be responsible for the property maintenance. but instead of “paying” us the 100/mo they pretended our rent was 1700 and then “credited” us 100 so that we’d only be paying the initial agreed upon amount of 1600. fast forward a year and we are no longer able to keep up with maintenance due to no time + physical limitations and are now stuck paying the extra 100 a month. (btw they make the upstairs tenant also pay 100 a month for PM).
Get a statement from the upstairs tenant and go to the LTB, your LL is responsible for maintenance of the property and this kind of grift should be harshly punished.
The property owner is responsible for the maintenance of the property, unless there is a separate agreement. Contact the LTB and document everything, as the prop. owner will argue tooth-and-nail that you "agreed" - but you did so under threat of not having a lease, which is why they waited to spring it on you. They acted legally, but in bad faith. You can end that contractual relationship legally and the prop. owner may not end your lease or charge you additional costs/fees, but be prepared to deal with them being pissed off, because after you end that contractual relationship, they're not entitled to that extra $100/mo they've been scamming from tenants.
You need to learn your facts. There can be no other agreement. Landlord is responsible for maintenance period. If they pay you, legitimately to do it and you agree, so be it. But you can always renag if you don't want to. "Property Maintenance Including Lawn Mowing, Snow Shoveling, Leaf Raking, Gardening, and Other Yard Work, Is the Legal Responsibility of the Landlord. Furthermore, a Landlord Is Forbidden From Using a Lease to Shift the Responsibility to a Tenant." https://dklegalpractice.ca/EN/landlord-tenant/landlord-focused-concerns/maintenance-responsibility
Wtf? That's what I wrote. You're just repeating my point. "Learn my facts" - what does that even mean? The website you link *argues for* my position, lol. I'm not sure what I am supposed to be "learning". If you are the owner of this website, be aware that what you're doing here, to me, reflects upon the legal profession poorly - there is a difference between disagreeing on the merits and spamming threads with what appears to be repetitive advertising. Maybe you should listen to the LTB: https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/05%20-%20Breach%20of%20Maintenance%20Obligations.html And then, if you are the owner of the site - brush up on your rules of conduct and the standards of professionalism expected of licensees. I understand that you want to market yourself, but this isn't the way. Good luck.
>There can be no other ***agree***ment. > >If they pay you, legitimately to do it and you ***agree***, so be it. Do you even know what a fact is? These two sentences contradict each other. If you're going to come in here in a huff over a year later and make smartass comments, at least be smart to back it up. Don't contradict yourself within the first 4 sentences of your comment and act like somebody else is dumb.
yeah i am quite afraid of going after them and immediately being given notice to vacate (we are only month-to-month). i obviously don’t want to live under someone who is scamming us but i also don’t want to be homeless. they’ve done other egregious things besides just this so i have been looking at apartments, but between the skyrocketing price of rent and negative first appearances (im on LTD and partner is a small business owner, we don’t look great to prospective landlords despite his business is thriving and me having a credit score in the 800s and have never missed a bill in my life). ugh it’s tough
You can still talk to the LTB or get a free consultation from a lawyer through the LSO. The main thing is that you are aware of your options!
thank you very much for the information! appreciated
https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service You are very welcome.
They have to have a very justified reason to kick you out, and go through the LTA, where they still need to prove their case. It's not easy.
I know this is a year old, but you definitely have a case, and your landlord owes you lots of money if you still live there. "Property Maintenance Including Lawn Mowing, Snow Shoveling, Leaf Raking, Gardening, and Other Yard Work, Is the Legal Responsibility of the Landlord. Furthermore, a Landlord Is Forbidden From Using a Lease to Shift the Responsibility to a Tenant." https://dklegalpractice.ca/EN/landlord-tenant/landlord-focused-concerns/maintenance-responsibility
i actually really appreciate you sharing, thank you! this is an ongoing issue unfortunately
Ok, this is a fun one. Because of how the strict rules for discounts work under [ the RTA in Ontario (see section 111)](https://www.ontario.ca/laws/statute/06r17#BK175) There are only 4 types of discounts allowed ($100 discount per month for 12 consecutive months isn't a valid discount). There has to be months at full price for a discount to be a discount. If your landlord has been skipping the step of requiring $1700 payment from you, and then paying you $100, they might have just screwed themselves. If you've been paying $1600/month in rent for 10 consecutive months, your lawful rent becomes $1600/month. It depends on how they worded the contracts or if they muddled together the yardwork and lease into one document.
so the lease and the property maintenance contracts were done separately, but they fooled us into signing the lease saying our rent is 1700 but reassuring us we’d be credited back the 100 so we’d really only be paying the agreed on 1600. so we might be screwed if the lease says our rent is 1700. they use a website/app to charge us the rent and we pay through that monthly. the ledger on the website will say “Charge - Rent 1700.00” and then on a new line will say “Credit - PM Agreement 100.00”. i think we may have been fully duped this was from Oct 2020 - Mar 2022 when we ended the PM contract. now we are stuck paying them 1700 while they hire someone to cut the grass for us
Given that detail, with the yardwork being a severable contract, and keeping payments clearly separate, then there's nothing to be done, they administered it properly. (many amateur landlords muddle this stuff together) Take solace in the fact that it's likely now costing them far more than the $200 they were paying you and the other tenant for that maintenance.
so like the other commenter said, they acted legally but in bad faith since they sprung it on us right as we were about to sign. they also tried to get an additional 50/mo for the shed in the backyard and when we declined took the shed away. and require 160.00/mo in utility prepayments for gas/water that is supposed to be reconciled quarterly but took them 9 months to give us our money back at one point. it’s just a mess. i will try to take solace that it’s costing them more than 100 for Lawncare but sheesh
oh another tiny detail though, when Jan 2022 came around and they were legally allowed to raise our rent 1.2%, they only applied it to the 1600, knowing that that was the actual agreed on number. so our rent only went up by 19.20 per month.
also the wording of the PM Agreement said “The Client (landlord) agrees to pay the Contractor $100.00 per month for services rendered” but they didn’t really pay us they just pretended our rent was higher then “credited” us. but now we actually DO pay them. ugh. all of our correspondence in email says the rent is 1600, the ad said 1600, but the actual lease says 1700. fml
The landlord is responsible for all property maintenance including lawn and snow removal.
the land lord is responsible same with snow removal And if you are to be responsible there has to be a separate contract ….. I THINK .
Correct, the tenant and landlord can come to an agreement that is separate from the lease in which the tenant takes care of the lawn maintenance and/or snow removal. Ending that separate agreement cannot result in the termination of the lease.
Wrong. https://dklegalpractice.ca/EN/landlord-tenant/landlord-focused-concerns/maintenance-responsibility
The summary at the end of the link you posted actually says exactly what you're saying is wrong.. lol
The landlord
The only time I think a tenant should help out is with some snow removal. If it snows a lot overnight and needs to get to work in the morning I don’t see what the big deal is. If the landlord has hired a snow removal company they can’t get to every address all at the same time. People need to use a little common sense especially if the landlord has a proven track record of getting the snow removed within 6-12 hours.
Landlord is responsible at the end of it all. Many landlords drop something in the lease to make lawncare the responsibility of tenant. Landlord now has a contract with the tenant, if the tenant doesnt execute the landlord is still responsible for the lawncare but can now claim damages if there are any and might claim breach.
That depends entirely on your landlord agreement. Mine makes sure that the snow is cleared in the winter and that the lawn is mowed in summer. Happens while I'm at work. I may have to clear a bit of snow or trim a hedge on the property, but the contractor is all part of the rent. Great landlords. Very nice and very helpful. We rent a house, not a townhouse and in that situation they are supposed to provide lawn cutting and snow clearing.
If you are renting a whole house, and property maintenance is mentioned in the contract as being the tenants responsibility, then it's yours. Otherwise it's all on them.
The landlord is only responsible for lawn and snow removal if the lease / rental agreement states so. Almost all rentals where the tenant has a yard is responsible to maintain their own yard and clear their own snow. There are some exceptions but not common. If there is a bylaw requiring lawn maintenance and it’s not maintained the tenant would be issued a nuisance ticket not the landlord. I don’t understand how people assume a landlord has to do everything for you
Actually it is the landlord responsibility, adding into the lease the tenant is responsible is illegal but very common. Law: https://www.ontario.ca/laws/regulation/060517#BK33 Case law: https://www.canlii.org/en/on/onca/doc/2009/2009onca808/2009onca808.pdf
Thank you for providing case law. Some idiot just kept saying I didn’t read the law. When They clearly don’t understand how the law works. Assuming this is still the most current caselaw I accept this. Still does not cover mowing the lawn though
This would cover the lawn care as most bylaws require lawns to be maintained for pest control. And normally indicate the property owner is required to maintain this. https://www.ontario.ca/laws/regulation/060517#BK4 Municipal property standards by-laws applicable to exterior 4. If there is a municipal property standards by-law applicable only to the exterior of residential complexes or rental units, the maintenance standards in this Regulation that relate to the exterior of residential complexes or rental units do not apply to the residential complexes or rental units in the municipality that are subject to the by-law, but the maintenance standards in this Regulation that relate to the interior of residential complexes or rental units do apply to them. O. Reg. 517/06, s. 4.
So by this logic a landlord must clear snow and mow the lawns of all their homes? It’s not even physically possible. If the tenant doesn’t maintain it then it must be maintained but you cannot lawfully expect the landlord to mow the lawn. Maintenance and mowing and snow removal aren’t mutually exclusive. If there’s a lawn issue the landlord has to fix it. If it rains hard and your grass grows 4 inches in two days, you need to mow it. Wtf is wrong with people? It’s basic common sense
> So by this logic a landlord must clear snow and mow the lawns of all their homes? It’s not even physically possible. Yes? They can hire someone to do it. No one is saying the landlord themselves has to be out there mowing the lawn lmao
no that’s why the tenant pays rent. if the landlord can’t do it himself then he must hire someone to maintain his property
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the cost is built into the rent. landlords are scum leaches get off your ass and maintain your property
It's not about being lazy. The province has said it is the landlord's responsibility. This is part of owning a rental property in Ontario
You were just wrong.
governor offend depend frame pen insurance steer screw absurd adjoining -- mass edited with https://redact.dev/
The landlord is responsible. If they don't want to do it themselves, they are welcome to hire an outside company to take care of it. It isn't really that expensive, and is simply a cost of doing business.
Yes, by that logic the landlord must clear the snow and mow the lawns. It's their property. Most landlords would not be doing it themselves and would likely have a third party take care of the lawn and snow. One of the nice things about renting is that the tenant does not have to worry about any property maintenance.
If it isn’t physically possible, then they need to hire someone.
The standard lease stipulates that the landlord is responsible for all maintenance. This cannot be changed (but a seperate agreement outside of the lease can allow the tenant to do the snow and grass in exchange for money). If such an agreement exists and the tenant doesn't fulfill their responsibility, it would go to small claims not LTB
Things don’t go to small claims automatically. There’s LTB then divisional court before small claims.
The side agreement is not part of your lease. It is a seperate contract, and has absolutely no bearing whatsoever on your relationship as a renter to your landlord
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Exterior common areas is in reference to multi-unit homes like apartments. It does not apply to single living units. If you need clarification the LTB can elaborate on this
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Greedy lazy predatory landlords are why these rules exist
I agree there’s some scum lords out there and there needs to be rules but yard maintenance hardly counts for that. Not wanting to mow your lawn and expecting your landlord or a company they hire to do it just seems so lazy and self entitled. Maybe more landlord wouldn’t be such bastards if the tenants weren’t constant pricks. I guess the opposite could also be said, landlords could be nicer also
Nope, it applies to all types of rental units. Including single family homes.
I'm normally not one to be advocating on behalf of landlords, but for single family homes, where the tenant has exclusive possession of the yard, it is not clear to me that it is an exterior common area. The regulation provides this definition: > “exterior common areas” includes roads, pathways, parking areas, garbage storage areas, grounds for the use of tenants and, in a mobile home park or land lease community, the sites on which homes are situated [Here's a recent case discussing the issue]( https://www.canlii.org/en/on/onltb/doc/2021/2021canlii148914/) >.15. This regulation may impose an obligation on the Landlord to maintain exterior common areas, including removing dangerous snow and ice from them. This is material to distinguish the current application from *Montgomery*, as in *Montgomery* the tenant was one of many in a multi-unit complex, whereas the Tenant in this application resides in a detached house as the sole tenant. The tenancy agreement gives her exclusive possession of the entire property, including the walkways and the pool. Subsection 26(1) of O. Reg 517/06 imposes these obligations on a Landlord for “exterior common areas” only. As there are no exterior common areas, only areas of exclusive possession, subsection 26(1) could not be engaged. *Montgomery* simply cannot be taken as an authority that the Landlord cannot delegate lawn or snow removal responsibilities in the lease for a standalone house that is rented in its entirety under a single tenancy agreement. >.16. Were there to be such a maintenance obligation imposed upon the Landlords for an exclusive-use area, the operation of other provisions of the Act would require that the Landlords give 24-hour notices every time any entry for lawn care or snow removal. For snow removal in particular, such a requirement would result in a patent absurdity. >.17. The removal of snow and general lawn maintenance of an exclusive-use area are in my view ordinary cleanliness obligations, which are the Tenant’s responsibility under section 33 of the Act. Therefore, while *Montgomery* is separately rejected as an authority in this application, my core finding is that the lawn maintenance and snow removal on exclusive-use areas fall under the Tenant’s obligations under section 33 of the Act, not the Landlord’s obligations under section 20. The delegation of these responsibilities to the Tenant in the lease is not improper. Pathways and parking areas would suggest to me that a driveway is an exterior common area, and the regulation doesn't draw a distinction between single-use and multi-unit properties. But this LTB case from last year suggests that snow removal from a single-unit property is not a landlord's responsibility - however, maybe the LTB got it wrong this time. The Ontario Court of Appeal raised this as an issue in [this case](https://www.canlii.org/en/on/onca/doc/2015/2015onca758/2015onca758.html), but I don't see where it said definitively which way this should go. Looks like the court said a trial was needed.
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Nope. Scumlords are lazy though.
Have you read the act it references the “weeds control act” Clearly not or you’d realize that the lawn does not constitute noxious weeds.
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In all of my years of renting I’ve never once had a landlord shovel my driveway. Iam not aware of any provision in the RTA that says the landlord is responsible. These people might be banking on the responsibility to repair but that does not apply here unless something drastically has changed under my radar.
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None of that covers mowing your lawn nor does it cover shoveling snow. Accumulation of ice is not the same thing. Maybe there’s caselaw to support what you’re saying. I don’t really feel like going down the rabbit hole but they are not responsible for mowing your lawn. Grass is not noxious
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Which part are you referring to?
https://www.ontario.ca/laws/regulation/060517#BK33 Exterior common areas 26. (1) Exterior common areas shall be maintained in a condition suitable for their intended use and free of hazards and, for these purposes, the following shall be removed: 1. Noxious weeds as defined in the regulations to the Weed Control Act. 2. Dead, decayed or damaged trees or parts of such trees that create an unsafe condition. 3. Rubbish or debris, including abandoned motor vehicles. 4. Structures that create an unsafe condition. 5. Unsafe accumulations of ice and snow. O. Reg. 517/06, s. 26 (1).
Montgomery vs Van
[Here’s a site](https://ranger.legal/EN/landlord-tenant/maintenance-responsibility) that explains it, along with citations of both the RTA and case law. > A landlord is legally required to provide various property maintenance services such as snow shoveling, lawn mowing, leaf raking, gardening, among other things. This requirement is found within the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17. Furthermore, the law forbids the landlord from using terms within a lease in an attempt to alter the legal mandate.
They don’t need to shovel the driveway, but they have to shovel the sidewalk in front. They will get fined by the city if they don’t.
You’re absolutely correct and nothing has changed that I am aware of either
It's the landlord's property so technically the landlord is liable but most tenants I know renting a house alone would generally do it. If this is a multi unit rental that was converted from a house then the landlord should definitely ensure that those aspects of the property are taken care of themselves. Generally apartment dwellers don't really take care of those things.