Section 4 Maintenance & Repairs
Sub-Section 4.6

Outdoor Maintenance i.e. Grass, Snow, Gardens

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 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.



Procedure

Overview

This policy is included as information for landlords, tenants and officers. If a tenant and landlord aren’t able to solve a problem with routine yard maintenance on their own, they can ask the Branch for help.


Steps ▼

1.The officer encourages the landlord and tenant to discuss the problem, to try to come to an agreement.

2.If the landlord and tenant can’t agree on a request involving outdoor maintenance, the officer determines if the request is reasonable. If the officer decides the request is not reasonable, the officer issues a decision denying the request.

3.If the officer decides the request is reasonable, the officer follows the procedures under Landlord’s Responsibility for Repairs.


Forms & Form Letters

X-Referencing

For information on mediation, see Section 1.
For details on a landlord’s responsibility for repairs, see this section.


Policy Developed

September, 1992


Last Revision

May, 2015


Other Resources

None


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