OHI | Can My Landlord? · Ontario rental question #17
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Last verified: September 15, 2026
Quick answer: It depends on the property, the area involved and the legal arrangement. Ontario landlords have statutory maintenance obligations, especially for common areas. A simple clause inserted in a lease may not always transfer those duties. Exclusive-use areas and a genuine separate agreement can raise different issues.
Sections 20 and 26 of the RTA address maintenance and cleanliness. Ontario Regulation 517/06 contains maintenance standards, and municipal property standards may also apply. Courts and the LTB have distinguished a landlord’s statutory maintenance duties from a separate contract for a tenant to perform services.
The analysis can differ between a shared apartment complex, a single-family home and an area for one tenant’s exclusive use. Safety, insurance and local bylaws remain important.
What about common walkways and parking areas?
Landlords are generally responsible for maintaining common areas. Snow and ice on shared stairs, entrances, paths or parking areas can create safety and liability concerns that should not be left ambiguous.
Does a lease clause make the tenant responsible?
A clause is not automatically enforceable merely because it is written in a lease. The wording, area, tenancy type, consideration and whether the agreement is genuinely separate can matter. Parties should obtain advice rather than rely on a one-line clause.
What about a private yard or driveway?
Exclusive-use areas can be fact-specific. A tenant may have cleanliness or ordinary-use responsibilities, while the landlord retains statutory maintenance duties. The safest approach is a clear, lawful written arrangement and reliable performance—not assumptions.
What should a tenant do?
- Ask who handles each driveway, walkway, stair and lawn before signing.
- Report hazards promptly and document unsafe conditions.
- Do not assume a clause removes every landlord obligation.
- If agreeing to provide a service, clarify scope, equipment, timing, compensation and what happens during illness or absence.
What should a landlord do?
- Identify common and exclusive-use areas and check municipal standards.
- Use a reliable snow and lawn plan with records, especially for shared areas.
- Obtain legal advice before relying on a lease clause as a transfer of statutory duties.
- Address urgent hazards promptly even while responsibility is disputed.
Example
A tenant in one unit of a triplex is told to clear the shared front steps for everyone. That raises stronger common-area concerns than a clearly documented separate arrangement for work at a detached home.
Related OHI guides and tools
Official Ontario sources
- Residential Tenancies Act, 2006
- Landlord and Tenant Board: Renting in Ontario
- Current LTB forms, instructions and filing information
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General information only: This article discusses Ontario residential tenancies and is not legal advice. Some rentals are exempt from all or part of the RTA. The outcome of a dispute depends on the facts and evidence. Rules and forms can change; verify current information with Tribunals Ontario or obtain advice from a licensed Ontario legal professional.