SHIFTING MAINTENANCE OBLIGATIONS TO TENANT

Residential Landlord and Tenant Law in Ontario, including under the current Residential Tenancies Act, has long held that a landlord is responsible for maintaining a property notwithstanding any lease terms to the contrary. The law provides that a term of a lease that is contrary to the provisions of the Residential Tenancies Act is void. In a legally significant development, the Ontario Superior of Court of Justice has held that a landlord may require a tenant, in a lease with that tenant, to maintain the property with respect to snow clearing and that such a clause is not void as against the provisions of the Tenant Protection Act (predecessor to Residential Tenancies Act) which places the maintenance burden on the landlord. The application of the principle of this case will be interesting to follow with respect to more general maintenance requirements within residential apartments. Is this the beginning of residential landlords being able to shift the burden of property maintenance to tenants as a condition of leasing to them? See Montgomery v. Van 2009 CarswellOnt 182. Michael K.E. Thiele, Ottawa Personal Injury Lawyers