What is a tenant to do about the icy walkway, path, parking lot? As the last week or so in Ottawa has shown, winter weather can wreak havoc with safe passage into, onto, and off of the residential rental complex. Aside from getting out a shovel, ice melter, and doing it yourself, there is indeed another option. At law a landlord is required to maintain the walkways, pathways, parking lots, in a way that provides for safe passage. If there is undue snow and ice then of course a tenant is being deprived of their right to safe passage.
The City of Ottawa Property Standards By-law imposes an obligation on landlords to keep the walkways, paths, parking lots, ramps, steps, and entrances safe by removing any accumulation of ice or snow. See section 9 of the Property Standards By-law. Of interest is to note that the obligation extends not only to the passage by pedestrians but also to vehicles.
If a landlord is failing to maintain the property in accordance with the burden imposed by the by-law then it is an option for a tenant to call property standards and ask them to attend the property, inspect, and order the landlord to do make the property safe. The inspection and order will also be strong evidence of a violation that a tenant could use at the Ontario Landlord and Tenant Board if the tenant should chose to file a maintenance and tenant's rights application.
Michael K. E. Thiele
Lawyer
Ottawa, Ontario
The City of Ottawa Property Standards By-law imposes an obligation on landlords to keep the walkways, paths, parking lots, ramps, steps, and entrances safe by removing any accumulation of ice or snow. See section 9 of the Property Standards By-law. Of interest is to note that the obligation extends not only to the passage by pedestrians but also to vehicles.
If a landlord is failing to maintain the property in accordance with the burden imposed by the by-law then it is an option for a tenant to call property standards and ask them to attend the property, inspect, and order the landlord to do make the property safe. The inspection and order will also be strong evidence of a violation that a tenant could use at the Ontario Landlord and Tenant Board if the tenant should chose to file a maintenance and tenant's rights application.
Michael K. E. Thiele
Lawyer
Ottawa, Ontario
do you have a direct link that works to the by-law? the link in the article doesn't work but it does take you to the general http://ottawa.ca/ website. Thank you :)
ReplyDeleteHi: Try the link now. I've updated it to the City of Ottawa by-law download page.
DeleteMichael K. E. Thiele
Do you know if this goes for quebec law as well?
ReplyDeleteSorry. This blog only speaks to Ontario law. The laws in Quebec are substantially different than in Ontario. While Quebec will probably deal with the same subject matter it will have its own requirements and systems of enforcement. You really can not use Ontario law to guide what might happen in Quebec.
DeleteGood luck