Who is responsible for snow and ice?
Responsibility depends on whether the area is a private, shared or municipal space and on specific lease terms. Landlords generally must maintain the building and common areas; tenants must keep their private entrances and immediate paths reasonably safe. For a clear overview of obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and provincial fact guidance at Tenant Rights and Landlord Rights in Quebec. The Tribunal administratif du logement handles disputes and guidance for filing applications[1].
- Ensure common entrances, stairs and shared walkways are safe and arrange timely maintenance or snow removal when needed.
- Repair any damage that makes areas hazardous, such as broken handrails or uneven steps leading to ice buildup.
- Provide clear contact information and reasonably prompt responses when tenants report dangerous conditions.
Tenant responsibilities and practical steps
Tenants should follow lease clauses about winter care and take sensible safety steps. If your lease assigns snow clearing at your specific entrance to you, do so safely and document your actions. If the landlord is responsible, report hazards in writing and keep records.
- Keep your unit entrance free of snow and ice if the lease assigns that duty to you, and use salt or sand as appropriate for safety.
- Report hazardous conditions in writing and keep a dated copy of the notice to show you informed the landlord.
- Document hazards with photos or video, showing date and time where possible, and note any prior communications.
Documenting hazards and requesting action
Good evidence and clear, dated communication make disputes easier to resolve. If an area is dangerous, collect photos, write a concise message to the landlord, and keep copies of any responses.
- Take clear photos or short videos from multiple angles and keep notes about location, time and weather conditions.
- Send a written notice (email or text where allowed by lease) asking the landlord to clear the hazard and keep a copy of the message and any reply.
- If the condition is immediately dangerous, call the property manager and, if needed, emergency services; follow up in writing.
How to file a complaint or apply to the tribunal
If the landlord does not act and the hazard affects safety or habitability, tenants can apply to the Tribunal administratif du logement for a decision. Useful documents include a written notice to the landlord asking them to act and the Tribunal's application form. Relevant provincial law on leases is found in the Civil Code of Quebec[2].
- Gather evidence: photos, copies of messages, witness names and any incident reports (e.g., a slip-and-fall).
- Complete the Tribunal administrative du logement's application form available on the Tribunal website and attach your evidence and a short chronology.
- Be prepared to pay a filing fee or ask about fee waivers; check the Tribunal site for current amounts and procedures.
- Attend the hearing (in person or remotely) and present your evidence; arrive on time and bring originals of key documents.
FAQ
- Who is responsible for clearing snow on sidewalks near my rental?
- Landlords are generally responsible for common areas and sidewalks next to the building, but municipal bylaws and specific lease terms can shift some duties; check your lease and local rules.
- Can my landlord charge me for snow removal?
- A landlord may include fees in the lease or deduct costs if the lease allows and local rules permit it; tenants should check lease terms and request receipts or invoices for any charges.
- What if my landlord won’t fix icy stairs or a dangerous walkway?
- Document the hazard, send written notice asking for repair, and if there is no appropriate response you can apply to the Tribunal administratif du logement for a remedy and present your evidence.[1]
How-To
- Take dated photos or video of the icy area and note location details.
- Send a clear written request to the landlord asking them to clear the hazard and keep a copy.
- If there is no timely response, complete and file an application with the Tribunal administratif du logement with your evidence.
Key Takeaways
- Document hazards quickly and communicate in writing to create a clear record.
- Know whether your lease assigns snow-clearing duties to you or the landlord.
- Use the Tribunal administratif du logement for unresolved safety or habitability disputes.
Help and Support / Resources
- Tribunal administratif du logement - Apply or find forms
- Civil Code of Quebec - Lease and maintenance rules
- Quebec government housing information for tenants
