Snowy Dilemma
The first snow of winter brings excitement and frustration for tenants, who must clear snow and ice from balconies, sidewalks, and stairs. This article reviews the responsibilities and obligations of tenants in snow removal, including responsibilities and potential incidents. Being forewarned is crucial for a safe living situation.
Lease Terms Decoded: Clarifying Snow Removal Duties for Tenants.
Section E of a lease outlines the responsibility of clearing snow from buildings and spreading salt or abrasives on the ice. An owner-occupant may share this task with other occupants, depending on the lease terms. If the landlord is negligent in removing snow and ice, the tenant can request correction from the landlord. If the issue isn’t resolved, the tenant can send a formal notice to the landlord and contact the Tribunal administratif du logement to demand a rent reduction.
Shared staircases or balconies
The “good neighbor principle” in apartment living suggests that if you share common areas with a neighbor on the same floor, the designated person is responsible for snow removal. This may be based on the terms of your lease. If a tenant is only responsible for clearing snow from their stairs and door, they should contact the building owner immediately in case of a dispute.
Determining Fault: Who Bears Responsibility in the Event of an Incident?
Access to your apartment should be safe and emergency exits clear. If someone falls down a poorly maintained staircase covered in ice, they may sue the landlord. If snow removal is the tenant’s responsibility, the landlord can take action for negligence. Therefore, having good tenant insurance, including liability insurance, is crucial. It is essential to maintain clear emergency exits for both residents and visitors.
Municipal snow removal regulations
Quebec’s city and municipality regulations prohibit shoveling snow onto public spaces like streets, sidewalks, and bike paths. The municipal administration is responsible for clearing snow within a reasonable time to ensure pedestrian safety. If you’re unsure about snow removal, consult your lease and use common sense. If necessary, ask the building owner for necessary equipment and abrasives. A little shovelling can save a lot of trouble.
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