It’s 6 a.m. after the first big storm of the season. Your phone lights up with a message from your tenant: “The walkway is buried and I have to get to work. Who’s clearing this?”
For many owners, that’s the moment they realize nobody ever decided. So, is the landlord responsible for snow removal in Ontario, or can the tenant handle it? The answer depends on the type of property, who uses each area, and how your agreement is set up.
In this guide, we break down what Ontario law says, how it applies to houses versus multi-unit buildings, what Hamilton’s sidewalk by-law requires, and how to protect yourself from liability this winter. This article is general information, not legal advice.
The Short Answer
Here’s the general rule most Ontario landlords should start from:
- Shared or common areas (walkways, parking lots, shared entrances in multi-unit buildings): the landlord is responsible.
- Areas the tenant uses exclusively (the driveway and front steps of a fully rented house): the tenant may be responsible, if the lease clearly says so.
- Public sidewalks: municipal by-laws decide, and in Hamilton they place the duty on owners and occupants.
The details matter, so let’s look at each piece.
What Ontario Law Says About Snow and Common Areas
Under the Residential Tenancies Act, 2006 (RTA), landlords must keep their properties in a good state of repair and comply with health, safety, and maintenance standards.
The leading case is Montgomery v. Van, a 2009 Ontario Court of Appeal decision. A basement tenant slipped on a snowy common walkway, even though her lease said tenants were responsible for clearing it.
The court found that in a residential tenancy, the landlord is responsible for keeping common walkways free of snow and ice, so that responsibility can’t be made a term of the tenancy. However, the court also noted that a landlord can still hire the tenant as a service provider to do the work under a separate arrangement.
What That Means in Practice
For duplexes, triplexes, basement units, and small apartment buildings:
- A lease clause saying “tenants shovel the walkway” generally won’t shift your legal responsibility.
- You can hire a contractor, or a tenant, under a separate, paid service agreement.
- Even then, you should monitor the work, because you remain the party responsible for those common areas.
Single-Family Homes: A Different Picture
When you rent out an entire house, the tenant typically has exclusive use of the driveway, walkways, and porch. There are no shared areas in the same sense.
The LTB has distinguished these situations from Montgomery. In one decision, the Board treated snow removal in a house’s exclusive-use areas as part of the tenant’s ordinary cleanliness obligations under the RTA, rather than the landlord’s maintenance duty.
So for a single-family rental, a clear lease term making the tenant responsible for their own driveway and steps is generally treated as valid. Still, spell it out in writing, including which areas are covered and what’s expected.
Mixed Properties Need Extra Care
Up-down duplexes and houses with a basement unit are where most confusion happens. A typical setup includes:
| Area | Usually Responsible |
|---|---|
| Shared front walkway or side path | Landlord |
| Shared driveway or parking area | Landlord |
| Private entrance used by one unit only | Can be assigned to that tenant in writing |
| Public sidewalk in front of the property | Owner or occupant under the municipal by-law |
When in doubt, treat an area as common and plan to handle it yourself or through a contractor.
Hamilton’s Sidewalk By-law: The 24-Hour Rule
Public sidewalks follow municipal rules, not the RTA. Hamilton’s Snow and Ice By-law No. 03-296 requires owners or occupants to clear snow and ice from abutting sidewalks within 24 hours after a winter storm event ends. It also covers roofs and eaves that overhang the sidewalk.
If the work isn’t done, the city can clear it at the owner’s expense and add the cost to the property taxes. Fines may also apply, and the by-law also applies to vacant properties.
A few local details worth knowing:
- In 2022, Hamilton expanded its own sidewalk clearing program from 397 km to 866 km, so some sidewalks are already cleared by the city.
- Snow and ice can’t be pushed onto the road or boulevard.
- Rules differ across Burlington, Grimsby, St. Catharines, and other Niagara and Halton municipalities, so check your local by-law.
Because the by-law names the owner, an unclear arrangement with your tenant can still leave you holding the bill.
Liability: Why Snow Removal Is a Risk Issue, Not Just a Chore
Under Ontario’s Occupiers’ Liability Act, people who control a property must take reasonable care to keep visitors safe. That can include landlords, tenants, and snow contractors, depending on the situation.
Since a 2020 amendment, anyone injured by snow or ice on private property generally has to give written notice of their claim within 60 days. The notice must include the date, time, and location of the incident. If an occupier receives one, they must forward a copy to any other occupiers and their snow contractors.
That short window means your records matter. If a tenant or visitor reports a fall, you’ll want proof of when and how the area was cleared and salted.
A Practical Winter Plan for Landlords
Here’s the process we recommend before the first snowfall:
- Map every area. List walkways, driveways, steps, parking, and sidewalks, and mark each one as common or exclusive.
- Put it in writing. Clearly state tenant responsibilities for exclusive-use areas in the lease’s additional terms.
- Hire a contractor for common areas. Choose a reliable, insured company with clear trigger depths and response times.
- Use separate agreements if a tenant clears common areas for pay.
- Stock salt and shovels on site, and confirm who applies ice melt.
- Keep a log. Record clearing times, salting, and contractor visits.
- Watch the roof. Check for ice dams and overhangs that can drop snow on walkways.
- Review your insurance to confirm your liability coverage fits your property type.
How Golfi Property Management Handles a Snow Day
Here’s an illustrative scenario. An out-of-town owner has a Hamilton up-down duplex with a shared side path to the lower unit. Overnight, 15 cm of snow falls.
Before winter, our team had already set up a contractor for the shared path and driveway, documented the exclusive-use areas in each lease, and stocked ice melt on site. On the morning of the storm, the lower-unit tenant calls to say the path is icy near the stairs. We dispatch the contractor for a return visit, log the time it was cleared and salted, and check the overhanging eaves for ice buildup.
The owner sees the details in their monthly report and never has to make a phone call. That’s what full-service property management looks like in a Hamilton winter: a plan in place before the snow falls, fast responses when it does, and documentation that protects the owner.
Frequently Asked Questions
Is the landlord responsible for snow removal in Ontario?
For common areas, yes. The Ontario Court of Appeal confirmed that landlords are responsible for keeping common walkways clear of snow and ice, and that duty can’t be shifted to tenants through a lease term.
Can I make my tenant shovel snow?
In a single-family home where the tenant has exclusive use of the driveway and walkways, you can generally assign it in the lease. In shared or multi-unit properties, you can only have a tenant clear common areas under a separate service arrangement, and you remain responsible.
Who clears the public sidewalk in front of a rental in Hamilton?
Hamilton’s by-law places the duty on owners and occupants, within 24 hours after a storm ends. If it isn’t done, the city can clear it and charge the owner. Make sure your lease and contractor plan clearly cover the sidewalk.
What if someone slips and falls at my rental property?
Document everything right away, including photos, clearing logs, and contractor records. Ontario generally requires injured people to give written notice within 60 days for snow and ice claims, so act quickly and contact your insurer.
Does a tenant who rents a basement unit have to shovel?
Usually not for shared paths or driveways. If the lower unit has its own private entrance used only by that tenant, you can assign that specific area to them in writing.
Conclusion: Plan Before the First Storm
So, is the landlord responsible for snow removal in Ontario? For common areas, the answer is generally yes. For exclusive-use areas of a fully rented house, the tenant can take it on if the lease says so clearly, and public sidewalks follow your municipality’s by-law.
The landlords who avoid winter headaches are the ones who decide responsibilities in advance, hire reliable help, and keep records. That combination protects tenants, keeps you compliant, and limits liability.
At Golfi Property Management, we help owners across Hamilton, Niagara, and Halton get winter-ready. Backed by more than 20 years of industry experience and the legacy of The Golfi Team, we provide maintenance coordination through our local contractor network, regular inspections, monthly financial reporting, and 24/7 emergency response.
Want a winter plan for your rental? Request a free consultation with our team, learn more about Golfi Property Management, or browse available rentals to see the properties we manage. Hamilton owners can also explore our Hamilton property management services.