Snow Removal Liability: What Every Landlord Needs to Know
Who's Responsible for What? Landlord, Tenant or Both?
Hello Ontario Landlords!!
It’s that time of year again, when we have to take into consideration the task of snow removal. I did a number of shows on this topic with a paralegal, we both found out that a lot of landlords don’t know the proper protocol when it come to snow removal.
I’ve included a short video, if you want me to send you the hour long video version feel free to send me an email at remnn2018@gmail.com requesting the longer video and I’ll send you the longer video that goes into more details.
Winter is here, and with it comes a pressing question for landlords: Who is responsible for snow removal on rental properties? Is it the tenant’s job, or does it ultimately fall on the landlord? And more importantly, how can landlords protect themselves from potential lawsuits related to slip-and-fall incidents on their property? If you’re a landlord, this guide will arm you with essential knowledge to manage snow removal effectively, safeguard your investments, and ensure tenant safety. Let’s dive in! ❄️
Who’s Responsible for Snow Removal?
One of the most common misconceptions among landlords is that they can pass the responsibility of snow removal to tenants through lease agreements. However, according to Scott, a seasoned paralegal and insurance expert, this is not only ineffective but also legally unenforceable. Here’s why:
Landlord’s Legal Duty: Under Section 20 of the Residential Tenancies Act, landlords are obligated to maintain the property, including exterior maintenance like snow and ice removal. This responsibility cannot be waived or transferred to tenants through a lease clause.
Liability Risks: If someone—be it a tenant, a visitor, or even a delivery person—slips and falls on poorly maintained walkways or driveways, the landlord is held liable. This is mandated by the Occupiers’ Liability Act, which requires property owners to ensure reasonable safety for anyone entering the premises.
While tenants are responsible for interior housekeeping, anything beyond the doorway of the property, such as snow removal, is the landlord’s responsibility by law. Ignoring this duty could result in significant legal and financial repercussions.
Why Proper Insurance Is a Must
Even the best intentions and precautions can’t completely eliminate risks. This is why proper insurance coverage is critical for landlords. But not all insurance policies are created equal, and it’s crucial to understand how to leverage insurance to mitigate liability risks:
Tenant Insurance: Landlords can require tenants to carry renter’s insurance and name the landlord as an “additional insured” in the policy. This protects landlords if a tenant’s negligence, such as leaving marbles or water on the floor, leads to a slip-and-fall incident.
Landlord Insurance: Residential or commercial landlord insurance policies are essential to cover risks such as slip-and-fall accidents caused by snow and ice. Ensure you discuss your specific needs with a competent insurance broker to avoid gaps in coverage.
Certificates of Insurance: Always request a certificate of insurance from tenants naming you as an additional insured. This document acts as proof of the tenant’s coverage and provides clarity on policy limits, which should ideally be $2 million for sufficient protection.
Hiring Competent Snow Removal Contractors
If you’re outsourcing snow removal, the type of contractor you hire matters more than you think. The Occupiers’ Liability Act allows landlords to transfer certain liabilities to professional contractors, but only if they are competent and reliable. Here’s how to ensure you hire the right team:
Look for contractors with experience and knowledge of industry standards, such as when to apply salt or anti-icing agents based on weather conditions.
Avoid “fly-by-night” operators with no proven track record. Opt for established companies with proper certifications and insurance.
Request proof of liability insurance from the contractor to safeguard yourself in case of negligence on their part.
Scott shared a recent court case where a contractor’s lack of knowledge about snow removal standards led to legal trouble for both the contractor and property owner. This highlights the importance of hiring professionals who understand the nuances of winter maintenance.
Key Takeaways for Landlords
Managing snow removal isn’t just about keeping your property clean—it’s about protecting yourself and your tenants from potential risks. Here are the key points every landlord should remember:
As a landlord, you are legally responsible for exterior maintenance, including snow removal. This duty cannot be transferred to tenants through lease agreements.
Invest in comprehensive landlord insurance and require tenants to carry renter’s insurance naming you as an additional insured.
Hire professional and competent contractors for snow removal to reduce liability risks under the Occupiers’ Liability Act.
Ensure all legal responsibilities are met to avoid costly lawsuits and ensure tenant safety.
Conclusion
Winter brings unique challenges for landlords, but with the right knowledge and precautions, you can navigate them with confidence. By understanding your legal obligations, investing in proper insurance, and hiring the right contractors, you not only protect your property and financial interests but also ensure the safety of everyone who steps onto your premises.
Are you prepared for the challenges of winter management? Share your thoughts or questions in the comments below! I’d love to hear how you’re taking care of this issue with your rentals. And don’t forget to like, share, and subscribe to our channel, Real Estate Media News Network at: https://www.youtube.com/@RealEstateMediaNewsNetwork you’ll find a wealth of more tips on becoming a better landlord and protecting your investments. Stay safe and prosperous this winter season! ❄️ If you have any questions feel free to send me an email at remnn2018@gmail.com.
To all my Association members!!
Happy January and stay safe and watch out for my next newsletter that comes out every Sunday.
Cheers
Maria Rekrut
