snow removal clause in lease

[kfort]

Hello folks, I`m just getting my lease agreement together for a house I closed on last Friday and I was wondering about a couple things. I did a search here and it appears that in Ontario at least LL`s cannot add a snow removal/grass cutting clause to the lease itself - it must be a separate agreement. I don`t believe this is the case here in SK (though I am now going to have to check!) so I would like to do this.

The house I purchased has a small walkway and lawn. Can anyone suggest wording of a clause requiring the tenant to maintain these areas? Should I specify time frame in days? What do I lay out as recourse (if any) for non-compliance? I am planning on providing a decent snow shovel and a giant bag of salt and a salt `shaker` for the tenant. And, in the summer, a decent mower will be provided. Mostly, I am looking to cover myself as best as possible with the wording because some quick google searching did not bring anything that leads me to believe in SK I cannot build this into the lease.

Thanks

Kris

 

[JimWhitelaw]

Here`s some text from our lease:

QUOTE The Tenant will be responsible to keep the sidewalk, entrance or parking space clean, tidy and free of objectionable material including dirt, debris, snow and ice. The Tenant will also keep any public sidewalk adjacent to the Premises clean, tidy and free of objectionable material including dirt, debris, snow and ice.

 

[kfort]

Thank you Sir, I like it! I`ll draft up something similar and run it by my lawyer to make sure. Thanks again!

Kris

 

[housingrental]

Hi Kris
There is another thread on this if you search for it
My limited understanding - and I stress limited so please check with a lawyer - is that it won`t be enforceable as there have been court rulings - unless it is a separate contract from the lease and then you MIGHT (check with your lawyer...) get into issues like consideration for the work, insurance coverage, hiring a third party company as a responsibility as the owner if tenant doesn`t do it properly, employment issues, etc...

 

[kfort]

I found three threads on the topic, some about lawn care as well, one of which stated that in Ontario it cannot be part of the lease itself. I`ve read through the landlord and tenant act for SK several times and can find no mention of this at all. I`ll confirm with my lawyer for sure, but even if it is not enforceable, I`ll add it. Or at the very least I will add it to the general maintenance checklist that I hand out to the tenant as a guideline. I have until Jan 1 to get it all ironed out!

 

[Kimberly]

Can someone give me the rational as to why it can`t be a part of the lease? I own single family homes and I`ve included a clause that my customers are responsible for taking care of their own lawn care; snow removal and overall landscaping. What`s the difference if it`s in a separate agreement? Always something new to learn! Thanks

 

[invst4profit]

In Ontario the LTB is only authorised to rule on articles covered in the RTA. This is a very strong argument for all LL to diligently study all aspects of the RTA. You can be blindsided by tenants and the LTB by not fully understanding the complex rules and regulations of this business.

Any clause a LL adds to a lease agreement that is not specifically covered by the RTA is not enforceable which is why it is suggested items such a snow removal be separate contracts.
In effect this makes your tenant a employee or contractor in that respect and is treated differently.

In the case of a LL including a snow removal clause in the lease if the tenant does not follow the lease a LL has no way to enforce that lease.

In effect the LTB does not recognise contract law in Ontario.

 

[RandyDalton]

QUOTE (invst4profit @ Nov 24 2010, 08:44 AM) In Ontario the LTB is only authorised to rule on articles covered in the RTA. This is a very strong argument for all LL to diligently study all aspects of the RTA. You can be blindsided by tenants and the LTB by not fully understanding the complex rules and regulations of this business.

Any clause a LL adds to a lease agreement that is not specifically covered by the RTA is not enforceable which is why it is suggested items such a snow removal be separate contracts.
In effect this makes your tenant a employee or contractor in that respect and is treated differently.

In the case of a LL including a snow removal clause in the lease if the tenant does not follow the lease a LL has no way to enforce that lease.

In effect the LTB does not recognise contract law in Ontario.

Hi All,

I hate to poo poo all this legal stuff but realllllyyy!

If a single tenant in a single home isn`t going to cut his own grass and clear his own snow, no contract inside or outside of the lease is going to help. Realllllyyyyy! Are you going to sue over this stuff?

I keep mine in the lease so the tenant is aware it is his responsibility. With over 50 properties managed I have never had a problem. And if I ever do, chances are I am going to be having much bigger problems then snow removal.

Just my two cents worth!

Regards...Randy

 

[kfort]

I agree, I will most likely never take any legal action over it not being done. I was just trying to be careful wording it, and am still confirming it can be in the lease at all. At least if it is in the lease, and legal, I am covered if they slip after not clearing the ice... I think?!

 

[housingrental]

Because of a court ruling that viewed it as being a landlord's responsibility and can't be contracted out to a tenant through leasing.


QUOTE (Kimberly @ Nov 23 2010, 10:16 PM)
Can someone give me the rational as to why it can't be a part of the lease? I own single family homes and I've included a clause that my customers are responsible for taking care of their own lawn care; snow removal and overall landscaping. What's the difference if it's in a separate agreement? Always something new to learn! Thanks

 

[bizaro86]

QUOTE (housingrental @ Nov 24 2010, 10:03 AM) Because of a court ruling that viewed it as being a landlord`s responsibility and can`t be contracted out to a tenant through leasing.

What level was that court? An Ontario provincial court is not binding to other province`s, although it can be "persuasive."

If it`s not clearly against the rules, I`d put it in, since most people will do what they have agreed to do without taking recourse to "the system."

 

[gwasser]

QUOTE (bizaro86 @ Nov 24 2010, 10:17 AM)
What level was that court? An Ontario provincial court is not binding to other province's, although it can be "persuasive."



If it's not clearly against the rules, I'd put it in, since most people will do what they have agreed to do without taking recourse to "the system."






I suggest rather than enforcing this snow clearing/grass cutting stuff through law and big clauses, try to do it with a carrot and stick. Similar to paying rent on time, state that the renter gets a rent-discount of $30 per month; the discount stops when you have to hire a landscaper/snow remover instead because the job does not get done by the tenant. Then add $30 to the regular rent.



Of course, you can do this only so often since otherwise your lease stated rent starts to deviate dramatically from market rent. Other incentives are coupons or gift certificates as reward fr proper upkeep of the property. The advantage of the latter technique would be that tenants receive a sign of appreciation for there overall good behavior and for their business.



Property rental is business and does not have to develop in a cozy buddy relationship, but a relation of mutual landlord/tenant respect can ad a lot of value over time.

 

[kfort]

I like that Godfried. In fact, I think I will do a combination of the two. I will put it in the lease agreement whether enforceable or not, and the first month I will drop off a gift card with a thank you for upkeep (assuming it is reasonably kept up!). I`ll state something about clearing snow within 48 hours (city bylaw) and how I look forward to rewarding them in the summer for once a week lawn cuts to lay the ground work for summer!

Great advice all around here. Thank you for that.

Kris

 

[bizaro86]

QUOTE (kfort @ Nov 24 2010, 11:41 AM) once a week lawn cuts

Is that really how often that needs to be done? I`m probably a bit on the slack side, but I never cut the lawn at my personal residence once a week. Every two weeks when its growing like mad, and less often in the fall. Am I out to lunch on this? I`m in NW Calgary up the hill, so its a bit cooler than other locales. Am I totally off base? I never think it looks bad, and haven`t gotten any complaints...

 

[MTNPARK]

QUOTE (bizaro86 @ Nov 24 2010, 11:56 AM) Is that really how often that needs to be done? I`m probably a bit on the slack side, but I never cut the lawn at my personal residence once a week. Every two weeks when its growing like mad, and less often in the fall. Am I out to lunch on this? I`m in NW Calgary up the hill, so its a bit cooler than other locales. Am I totally off base? I never think it looks bad, and haven`t gotten any complaints...


I manage properties in Calgary and actually grew up in Brentwood, NW Calgary. I remember my dad making me cut the lawn once a week, but looking back now that was a bit of overkill.

In my experience most property managers will organize weekly cuttings as bi-weekly is not quite enough. What I`ve implemented for my properties (both my own and ones I manage for clients) is a staggered cutting schedule so that the lawns are getting cut on avg once every 10 days. It takes a bit more planning and you have to have a landscaping company who will work with you but it can save enough money to make it worthwhile.