本文发表在 rolia.net 枫下论坛
While the landlord is responsible for the snow removal of their own rental units, there are many agreements out there that state that it's actually the tenant's obligation. This isn't actually legal unless it is done through a separate contract, as laid out by the infamous Montgomery v. Van case and determined by the Ontario Court of Appeal.
This case discussed the issues of the snow shoveling obligation in 2009 after a tenant slipped walking towards the stairs to her basement apartment. She said that the lease stated, "tenants are responsible for keeping their walkway and stairway clean (including snow removal)." and she sued for her injuries. The landlord stated "the tenant’s injury was due to her own negligence because she had failed to keep her walkway in a good state of repair, including free from snow and ice.”
This is when the court ruled that it was possible to pass the responsibility but that it can only be done through a separate contract or a severable clause. This contract should include an agreement as to when snow removal should be performed (12-24 hours after a snowfall, for example), how they should remove the snow (like where it's safe to be moved and what to use as a de-icer), if they'll be provided with a shovel or other equipment themselves and if there is a reduction in rent as a form of compensation for their removal services.
When it comes to creating a separate contract from a lease agreement, it's best to consult with a lawyer for expert advice. Even if there is a separate contract created and the tenant slips and falls on ice and gets injured, they could still have a claim against you in court.更多精彩文章及讨论，请光临枫下论坛 rolia.net
While the landlord is responsible for the snow removal of their own rental units, there are many agreements out there that state that it's actually the tenant's obligation. This isn't actually legal unless it is done through a separate contract, as laid out by the infamous Montgomery v. Van case and determined by the Ontario Court of Appeal.
This case discussed the issues of the snow shoveling obligation in 2009 after a tenant slipped walking towards the stairs to her basement apartment. She said that the lease stated, "tenants are responsible for keeping their walkway and stairway clean (including snow removal)." and she sued for her injuries. The landlord stated "the tenant’s injury was due to her own negligence because she had failed to keep her walkway in a good state of repair, including free from snow and ice.”
This is when the court ruled that it was possible to pass the responsibility but that it can only be done through a separate contract or a severable clause. This contract should include an agreement as to when snow removal should be performed (12-24 hours after a snowfall, for example), how they should remove the snow (like where it's safe to be moved and what to use as a de-icer), if they'll be provided with a shovel or other equipment themselves and if there is a reduction in rent as a form of compensation for their removal services.
When it comes to creating a separate contract from a lease agreement, it's best to consult with a lawyer for expert advice. Even if there is a separate contract created and the tenant slips and falls on ice and gets injured, they could still have a claim against you in court.更多精彩文章及讨论，请光临枫下论坛 rolia.net