Are you the one who always clears the outside stairs of your building? Does your landlord take care of it? Is it the obligation or is the responsibility to you and the other tenants? We shed some light with the lawyer at the Greater Montreal Community Justice Center (CJPGM) and housing law specialist David Searle.
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The owner or the tenants to take care of it?
At the time of signing the lease, the landlord must check in section E of the contract who is responsible for snow removal from the stairs and the balcony between the tenant and the landlord, specifies Mr.e Searle.
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What if the landlord says they take care of it…but they don’t?
The tenant would be entitled to open a file at the TAL to demand a reduction in rent, says the lawyer.
However, the tenant must first and foremost call his landlord to explain the situation and follow up by email (to have written proof of the recall) to explain to him that he is not fulfilling his obligations.
If the landlord does not correct the situation, the tenant can send him a formal notice. Then, the final step is to open a file with the TAL to obtain a rent reduction.
“If the landlord doesn’t clear the stairs, it’s the same as if our toilet is broken. He must meet his obligations […] It goes back to the basic principle in housing: you pay 100% of your rent, you have the right to 100% of the housing, ”explains Mr.e Searle.
However, he reminds that the tenant must never withhold his rent for services not rendered. Such a tactic could backfire once before the TAL.
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What if you share a staircase and a balcony with your neighbour?
If the two tenants who live on the same floor of a unit have both been designated as responsible for snow removal, they must both take care of it. A tenant can however content himself with clearing only the section of stairs in front of his door.
What if one of the neighbors never clears the steps?
“You always have to go to the owner when there’s a problem,” says Ms.e Searle. It will be up to the landlord to contact the other tenant to resolve the problem.
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If the postman is injured on a poorly cleared staircase, whose fault is it?
The responsibility rests with the owner of the building.
On the other hand, if the tenant had to clear the stairs under his lease, the landlord could turn against him for negligence.
“How would that be decided? It depends on the cause. It could be a shared responsibility between the tenant and the owner, ”says Me David Searle.
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