I cannot comment on the specific situation of the original poster ("OP"), but I will inject some facts into this discussion by posting some general information about Ontario law. I emphasise, however, that this general information may not be applicable to the specific situation of the OP. If the OP needs advice applicable to his or her specific situation, he or she should seek legal advice from a lawyer licensed to practice in Ontario (formally known as a member of the Law Society of Upper Canada).
In Ontario, commercial and residential tenancies are governed by very different laws. I will not discuss commercial tenancies in this post. Residential tenancies are primarily governed by the Residential Tenancies Act, 2006,
SO 2006, c 17 ("Act"). Under the Act, "[t]he prescribed maintenance standards apply to a residential complex and the rental units located in it if ... the prescribed circumstances apply". Act § 224(1). For the purpose of this provision, the term "residential complex" includes "a building or related group of buildings in which one or more rental units are located" which seemingly includes a single-family home. Act § 2(1). The Lieutenant Governor in Council is authorised to make regulations for the purpose of Act § 224(1) (specifying the maintenance standards and the prescribed circumstances in which they apply). Act § 241(1)(2). The regulations promulated by the The Lieutenant Governor in Council provide that "[e]xcept as otherwise provided, the landlord shall ensure that the maintenance standards in this Regulation are complied with". Maintenance Standards,
O Reg 517/06 ("Reg"), § 2(2). One such exception is that the maintenance standards contained in the regulation
do not apply "[
i]f there is a municipal property standards by-law applicable only to the exterior of residential complexes or rental units"; in that case, said municipal standards apply instead to the exterior of the complex. Reg § 4.
One of the standards contained in the regulation is that "[e]xterior common areas shall be maintained in a condition suitable for their intended use and free of hazards and, for these purposes, the following shall be removed: ... [
u]nsafe accumulations of ice and snow". Reg § 26(1)(5). As I interpret this regulatory provision, the key test appears to be whether the common areas are "in a condition suitable for their intended use". In
Montgomery v. Van,
2009 ONCA 808, the Ontario Court of Appeal considered an older residential tenancy statute, which no longer exists, but which has generally similar language to the provisions discussed above. The Court found that a tenant can agree to assume responsibility for the maintenance of common areas, but that agreement must be a "severable contractual obligation" from the lease, supported by independent consideration (although it does not need to be a separate document). In the absence of such a separate agreement, the landlord is responsible under current Act § 224.
I stress, however, that the standards contained in the regulation apply only in the absence of qualifying municipal standards (as described more precisely above). If qualifying municipal standards exist, they need to be consulted instead. The OP does not disclose which municipality he or she is in (if any).
If the landlord is in violation of the established maintenance standards (whether municipal or the ones in the regulation), the tenant has up to two separate remedies under the Act:
- The tenant can apply to the Ontario Landlord and Tenant Board for, among other things, an "abatement of rent". Act §§ 29(1)(1), 30(1)(2); or
- If there are no qualifying municipal standards and the standards in the regulation apply, the tenant also has the option of making a "written complaint" to the Minister under Act § 224(2). If municipal standards apply instead, the analogous option would be to make a complaint to the muncipal authorities.
Notably, the Act does not explicitly authorise tenants to withhold rent as a consequence of the landlord's failure to comply with maintenance standards. Many recent Board opinions state that this is not allowed. See, e.g., TSL-59846-15 (Re),
2015 CanLII 59172 (ON LTB) at ķ 11 ("The Tenants chose to withhold rent due to alleged maintenance problems. However it should be noted that it is contrary to the Act to withhold rent. If a Tenant wishes to seek a remedy for a Landlords failure to maintain a rental unit they are free to file a Tenant Application regarding maintenance."). In one case, the Divisional Court declined to hear an appeal from a tenant regarding maintenance issues until such time as the tenant paid the rent owing in full.
Glimjem Holdings Ltd. v. Weidenfeld,
2003 CanLII 26196 (ON SCDC).
The
website of the Ontario Landlord and Tenant Board appears to contain a lot of general information about the process for making an application. It also appears to contain practical tips on how to resolve situations without an application. This website may be a good place to learn more about these matters. Again, I cannot offer any advice on the specific situation of the original poster. If such advice is required, it should be obtained from a member of the
Law Society of Upper Canada.