Who is responsible for snow and ice?
Responsibility depends on whether the area is a common area (stairs, hallways, shared walkways) or a private area specifically assigned to a tenant by the lease. Provincial rules and the Residential Tenancies Division set how disputes are decided.[1] The governing law is the province's Residential Tenancies Act and related regulations, which describe repair and maintenance duties.[2]
Landlord duties
- Clear and de-ice common walkways, stairs and building entrances within a reasonable time after a storm.
- Maintain building systems that affect safety and access, such as heating for shared spaces and lighting for stairwells.
- Assess and repair hazards that create an immediate risk to tenants and visitors.
Tenant duties
- Keep private entrances, stoops and walkways assigned to your unit reasonably clear of snow and ice as described in your lease.
- Report hazards and request repairs in writing so there is a record of your notice to the landlord.
- Take reasonable care for personal safety and consider placing salt or sand on small icy patches where you have responsibility.
For more on mutual responsibilities see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and the province-specific summary at Tenant Rights and Landlord Rights in Newfoundland and Labrador.
Required official forms include the residential tenancy application forms used to ask the Residential Tenancies Division to resolve a dispute and any written notice templates for requesting repairs; access the official forms and instructions for when to use them in Service NL resources.[3] Example: • Form name: Application to the Residential Tenancies Division (used to request an order when the landlord does not address a safety hazard) — file with the Division and attach dated photos and copies of your written requests as evidence. • Form name: Notice to Repair or Notice to Remedy (use to ask the landlord to fix a dangerous condition and record your request).
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What to do if there's a dispute
If a landlord and tenant cannot agree about who should remove snow or ice, follow these steps: document the hazard, give written notice, wait the reasonable time described by the Division or your lease, and if unresolved file an application with the Residential Tenancies Division including photos and copies of notices.
FAQ
- Who must clear snow and ice on shared walkways?
- Landlords are generally responsible for common areas; check your lease and raise the issue in writing with the landlord or property manager.
- Can I clear the landlord's sidewalk and deduct the cost from rent?
- You should not deduct costs without a tribunal order; instead document work done, keep receipts, and seek an order through the Residential Tenancies Division if the landlord refuses to act.
- How quickly can the Residential Tenancies Division resolve a complaint?
- Timelines vary; file promptly with clear evidence and follow the Division's instructions to avoid delays.
How-To
- Document the hazard: take dated photos or video and keep written records of calls and messages.
- Contact your landlord or property manager in writing and ask for removal, including the date and suggested time to complete the work.
- Serve a written notice or use the official application form if removal is not done; attach your photo evidence and copies of messages.
- Apply to the Residential Tenancies Division with your evidence and copies of notices to request a hearing or order.
- Attend the hearing and bring originals and copies of your evidence and any witness statements.
Help and Support / Resources
- Contact the Residential Tenancies Division (Service NL)
- Residential Tenancies Act and provincial legislation
- Official forms and filing instructions (Service NL)
