[quote user=housingrental]Hi Nik
I understand what you write and also understand you are not understanding your obligations as a rental housing provider.
Provincial legislation overrides residential leases. If you contract out of a Landlord's required responsibility you are still legally responsible and that portion of the lease contract is not valid.
Refer to below...
Maintenance & Repairs
Sub-Section 4.6
Outdoor Maintenance i.e. Grass, Snow, Gardens
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Legislation
s. 7, 11, 59,,114(2) The Residential Tenancies Act
City of Winnipeg Neighbourhood Liveability By-law No. 1/2008
City of Brandon Building Safety and Property Standards Bylaw
Definitions
Routine yard maintenance: includes cutting name="grass_4" id="grass_4">grass, shovelling snow, weeding flowerbeds and gardens, trimming shrubs and controlling weeds in uncultivated areas.
Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied.
Policy
A tenant who lives in a single-family dwelling is responsible for routine yard maintenance.
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A tenant living in a townhouse, duplex or triplex, who has exclusive use of the yard or part of the yard, is generally responsible for routine yard maintenance for that part of the yard. A landlord and tenant may agree to other arrangements under the terms of the tenancy agreement.
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A tenant of a mobile home site is responsible to keep the site neat and clean.
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If there is no existing garden, the tenant must get the landlord`s permission before digging a garden.
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A tenant is not responsible for major projects, such as tree cutting. A tenant may be responsible for spraying trees for insects and treating lawns for bugs and weeds if the tenancy agreement covers it. If the tenancy agreement doesn`t cover it, the landlord is responsible.
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A landlord is responsible for routine yard maintenance in the common areas of multi-unit residential complexes.
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A landlord is responsible to clear snow from the sidewalks and stairs in a multi-unit residential complex, except in areas where tenants have exclusive use of the area.
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A landlord is responsible for clearing snow in multi-unit complexes, when necessary, to give tenants access to their parking stalls. The landlord doesn`t have to remove snow from individual parking stalls, unless the tenant and landlord have agreed that the landlord will provide this service.