Renters in New Brunswick often need to know who must clear snow and ice from sidewalks, driveways and building entrances. This guide explains common municipal rules, provincial tenancy considerations, how to document hazards, and practical steps tenants can take when a sidewalk or entrance is unsafe. It covers when landlords are typically responsible, when tenants may have obligations under a lease or local bylaw, and how to use provincial dispute resolution if problems aren’t fixed. The language is clear and aimed at tenants and renters so you can protect safety, comply with local rules, and know what forms and tribunals to contact.
Who is usually responsible for clearing sidewalks?
Responsibility for clearing snow and ice on sidewalks in New Brunswick most often depends on municipal bylaws and the property line. Many cities require the property owner or occupant adjacent to the sidewalk to remove snow within a set period after a snowfall; municipal rules vary by town or city. Tenants should check their lease and local bylaw to see whether the obligation falls to the landlord or to the tenant. Provincial tenancy rules such as the Residential Tenancies Act [1] inform general landlord obligations for habitability, but sidewalk and municipal sidewalk bylaws govern clearance and fines.
What landlords and tenants should know
Landlords are normally responsible for common areas and entryways of multi-unit buildings, while leases can assign some outdoor responsibilities to tenants for single-family homes or units with private walkways. If a lease assigns sidewalk clearing to a tenant, the clause must be clear and reasonable under local law. Tenants who are asked to clear snow should be given safe means and not required to perform hazardous tasks that put them at risk.
- Landlord duty: keep shared entrances, stairs and building walkways safe and free from ice.
- Tenant duty (when in lease): clear private sidewalks or driveways within the timeframes stated in the municipal bylaw.
- Municipal enforcement: local bylaws set deadlines, fines and exceptions for heavy storms.
How to document and report unsafe sidewalks
Careful documentation strengthens any request for repair or enforcement. Take clear photos or video with timestamps, note exact location details, and keep copies of communication with your landlord or property manager. If a landlord does not act, many municipalities and the provincial Residential Tenancies Tribunal accept written complaints or applications for dispute resolution [2].
Practical steps tenants can take
- Photograph the hazard and record the time and date, plus weather conditions.
- Notify your landlord in writing and keep a copy of that notice; include photos and a reasonable request to clear the area.
- If the issue is not addressed, apply to the Residential Tenancies Tribunal or the municipal enforcement office for help.
When to use official forms and tribunal applications
When informal requests fail, tenants can use official provincial forms to apply for dispute resolution or for orders to compel repairs or maintenance. Common filings include an application to the Residential Tenancies Tribunal to request an order for repairs or to confirm responsibilities under your lease. Check the tribunal pages for the correct application form and instructions before filing [2]. Municipal complaint forms for sidewalk clearance are used to report bylaw breaches and request enforcement [3].
FAQ
- Who is responsible for clearing snow from sidewalks in New Brunswick?
- Responsibility depends on municipal bylaws and the lease. Property owners often must clear adjacent sidewalks, but leases can assign duties to tenants when reasonable.
- What should I do if a landlord doesn’t remove snow from a shared entrance?
- Document the hazard, notify the landlord in writing, and if no action is taken, file an application with the Residential Tenancies Tribunal or contact municipal enforcement for the sidewalk bylaw.
- Can I withhold rent if sidewalks aren't cleared?
- Withholding rent is risky and rarely appropriate. Use written requests, dispute resolution, or tribunal applications rather than withholding rent without legal advice.
How-To
- Document the hazard with photos or video and note date, time and exact location.
- Send a written notice to your landlord with evidence and a reasonable deadline to clear the area.
- If the landlord does not act, apply to the Residential Tenancies Tribunal or contact municipal bylaw enforcement and include your documentation.
Key Takeaways
- Municipal bylaws usually decide sidewalk deadlines and fines; check local rules.
- Landlords must keep shared access safe; leases can assign limited outdoor duties to tenants.
- Document hazards carefully and use written notices before filing official complaints.
Help and Support / Resources
- Residential Tenancies Act (New Brunswick)
- Residential Tenancies Tribunal and services
- Example municipal snow and ice control information (City of Fredericton)
