Québec winter is already well underway, and with it come snow and ice. Despite being a seasonal reality, this period remains challenging for landlords year after year. Snow and ice removal can quickly become a source of issues if the responsibilities of the landlord and tenant were not clearly defined at the time the lease was signed. To avoid misunderstandings and reduce the risk of disputes, it’s important to know exactly who is responsible for what and how to properly frame these obligations in the day-to-day management of your property.
Snow and Ice Removal : What Does the Lease Say?
The first step is to clearly specify in the lease who is responsible for snow and ice removal. This information must be entered in Section E of the lease. The mention of de-icing may not appear if you are using an older version of the lease, so be sure to add it if that is the case. Doing so ensures that tenants are clearly informed of their role and that they fully understand which areas must be shoveled and de-iced.
However, it’s important to note that it is prohibited to add a clause that completely relieves the landlord of their responsibility. The lease therefore cannot include wording such as: “The landlord will not be responsible for injuries caused by a fall on ice.” If no mention is included in the lease, you, as the landlord, are presumed to be responsible for maintaining the safety of exterior common access areas.
The Landlord’s Obligation: Diligence, Not Perfection
When snow and ice removal fall under the landlord’s responsibility, the obligation is one of means, not results. This means you must take reasonable steps to prevent incidents, but you are not required to guarantee that no risk will ever exist. You must therefore act proactively, particularly after snowfall or during thaws, which can make surfaces more slippery. You may also provide containers of salt or abrasive material accessible near entrances.
Tenants are also expected to exercise caution and adapt their behaviour to winter conditions. The Tribunal administratif du logement has already noted that the mere presence of ice is not enough, on its own, to engage the landlord’s liability if the landlord acted reasonably (Gil Romero v. 9269-6111 Québec inc.).
Outsourcing or Direct Execution: Responsibilities Remain
Whether you rely on a concierge, a specialized company, or delegate this task to a tenant through the lease, it is essential to document the work carried out. In the event of a fall or damage, proof of maintenance can be decisive in your defence. An injured person may seek compensation if they can demonstrate three elements: a fault, a prejudice, and a causal link between the two. Proper documentation and follow-up are therefore crucial.
The Preventive Role of Insurance
Civil liability insurance included in your property insurance policy can cover bodily injury or property damage caused to a third party, including a tenant or visitor. It becomes an essential safeguard in the event of a dispute. We therefore encourage you to review the coverage provided under your insurance contract.
In Conclusion
Responsibility for snow and ice removal should never be left to chance. A properly completed lease, proactive management, and documented proof of maintenance can make all the difference if an incident occurs. As a landlord, prevention is always better than cure to ensure everyone’s safety while protecting your property and your peace of mind.
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