A signed lease does not necessarily make every maintenance clause enforceable. In Montgomery, the Court of Appeal considered a clause assigning snow removal to tenants.

The tenant sued after slipping on ice on a walkway leading to her basement apartment. The landlord relied on wording stating that tenants were responsible for keeping their walkway and stairway clean, including snow removal.

The court found the provision invalid. The applicable legislation placed responsibility for removing unsafe snow and ice from exterior common areas on the landlord. The vague lease clause could not transfer that statutory responsibility.

The court distinguished a tenancy obligation from a separate, enforceable arrangement under which a tenant provides snow-removal services. Such an arrangement must create a severable contractual obligation; it does not eliminate the landlord’s statutory responsibility.

The ruling addressed the validity of the clause, rather than finally deciding every issue in the personal injury action.

What this could look like in practice

Imagine several tenants using the same entrance, stairs, and walkway. The lease states that “tenants handle all snow removal,” but does not identify who clears which areas or when.

If a dispute arises, photographs and a site plan could help establish how the property is used. The parties would also need the complete agreement and any separate arrangement concerning snow-removal work.

That factual preparation helps avoid treating a shared entrance as though it were an area reserved for one household.

The takeaway

Identify the area and the arrangement before assuming a snow-removal clause settles responsibility. Montgomery is particularly relevant to common areas and should be read alongside later decisions distinguishing areas used exclusively by individual tenants.

Contact JY Law to discuss your circumstances and how we may assist you.

The information above is provided for general educational purposes only and does not constitute legal advice. These summaries highlight selected principles and do not address every issue or subsequent legal development. Examples are hypothetical and do not predict outcomes. Your rights depend on the agreement, applicable law, and particular circumstances. Reading this page or contacting our firm does not, by itself, create a lawyer-client relationship. If you have further questions or require advice about your situation, please contact us.