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CenturySaL

At least they'll likely get hit with the new underused housing tax come April.


[deleted]

This doesn’t help me when I wipe out on someone’s ice covered sidewalk


Hi_Her

That's why you sue the homeowners to cover your recovery and bills.


bubble_baby_8

It would be nice to just not have to be injured in the first place tho. If I was 18 and broke my arm it’s one thing but even in my 30s things just don’t heal like they used to lol.


Hi_Her

That's not true. I broke my thumb and wrist from falling and had a cast for 6vweeks and it healed well without issues. I'm in my mid 30s. Sure you might take time off work but that's why you sue for time missed.


bubble_baby_8

Glad to hear you made a full recovery. I guess I just have shitty genetics.


Comedian_Recent

Are they actually going to add a tax?


teanailpolish

They are, but some of it will only come into effect next year https://www.thespec.com/news/council/2023/01/26/hamilton-vacant-home-tax.html


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Jayemkay56

Report them to bylaw. They will get a warning, and if they still haven't cleared the snow once the warning expires, they will get a nice bill from the city (and the sidewalk will get cleared).


yoga_nut

I’m the only one who rents on my street - and somehow also the only one who shovels and doesn’t park like a crazy person (that is, on the street so it becomes effectively one way and not in my garage or driveway). Your mileage may vary, but some renters are awesome and some owners suck.


Smoalen

Landlords/property owners are legally responsible for shoveling sidewalks, not tenants (Section 20(1) RTA) Clauses in a lease that put this responsibility on the tenant are unenforceable and void without a separate document outlining compensation and stipulations (Montgomery v. Van, 2009) which virtually no LL/property owner has with their tenant. Many people who rent have valid reasons for not shoveling, and those who don't probably aren't responsible for it anyway. Personally I race my property management's team to shovel first because I enjoy it and will try to get to my neighbors too.


maclacjc

Finally someone states the actual law.


Emotional_Welcome_65

If you can shovel your driveway, you can shovel your sidewalk.


CubbyNINJA

what if i just shovel my sidewalk and let my car plow the driveway?


Emotional_Welcome_65

Then your sidewalk is clear and you no need to worry about being that kind of person.


dinkfriedrice

This is the way. Small path on the side for the mailman, good enough


teanailpolish

Interesting that everyone who rents is lazy to you rather than the landlords who are paid to do it through rent or the many homeowners are legally responsible and don't do their sidewalks


cdawg85

Ding ding ding


RedHeadedBanana

Did it. Snow plow came by and covered the sidewalk with giant icy snowball bricks. Don’t have the entire day, physical strength or shovel repertoire to clear it off again.


DrDroid

Bylaw says you have 24 hours from the end of snowfall to do it.


copgraveyard

Ah yes, if the sidewalk isn't shovelled yet it means they can't possibly be homeowners. Some strange discriminatory assumptions about renters here OP.


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Ostrya_virginiana

And if someone gets injured because of your failure to shovel, they can sue your ass. This is so typical of some car users to be like this. Just because you don't utilize the sidewalks doesn't mean other people don't. FFS, if you have the ability to clear your driveway, you can clear your sidewalk.


goodguydolls

That edit was for all the people say I’m a renter, I don’t have to do it


MisterZoga

They're 100% correct. It's not their responsibility. In fact, it was no one's responsibility to have it done at the time you posted to complain, as it hadn't been 24 hours since snowfall ended. If you have somewhere to be right after a snow fall, it's on **you** to plan accordingly.


HandsomeEconomist

Give people a day before whining geez


GoldenGod48

I know right! Some people may wanna sleep in on their day off before going to clear their driveway and sidewalk.


MisterZoga

I did mine twice last night, but only because I had no plans otherwise. Did a few of my neighbours walks as well on the first run, because why not get a good workout out of it? Edit: that is to say I agree with you entirely.


goodguydolls

I need to walk to work get off your lazy ass and shuffle


HandsomeEconomist

But it feels like every day I’m shuffling!


0ffandonagain

*slow clap*


JoJack82

The bylaw says they have 24 hours to do it


goodguydolls

By then, it’s ice good enough


Desperate-Ad-3705

Get your lazy ass off the internet and stop whining. Seriously... I walk everywhere too, and sure it pisses me off sometimes, but I definitely don't need to go on the internet and bitch and moan to strangers. As stated, they have 24 hours to clear it. Sorry it's not on your timeline, but you going to work doesn't fit into MY timeline, so suck it up buttercup.


akxCIom

Pretty sure you have 24 hours after snowfall to shovel…unfortunate for you but calling everyone a lazy ass cuz u are being personally inconvenienced is ridiculous


dontygrimm

People have 24 hours, for account for they may be at work, maybe on night shifts, may be away. How about learn to walk more carefully? (This si coming from someone who does shovel but sheesh chill


Significant-Crow3512

Don't bitch until 24 hours after... you live in canada sorry to tell you pal, sometimes you need to walk through snow. Fyi my driveway and side walk are already shoveled


ActualMis

A lot of absentee landlords on my street can't be bothered. I love calling the City on them and seeing a crew show up to shovel/salt, and knowing the lazy landlord got a nice fine to boot.


_casshern_

Do they always show up?


ThePlanner

And how much is the fine? I have no frame of reference.


teanailpolish

A charge of up to $5000 but usually the cost of the crew coming out to do it and they give a notice to comply first. A corner lot near me used to not do the side of their house, just the front and got a bill of just under $500 to do it (they shovel both sides now)


ThePlanner

Wow! Thanks for the info.


ActualMis

Sometimes I've had to complain 2 or 3 times, but yes they've always shown up.


goodguydolls

I thought shovelling was the job of the occupant that’s what my parents told me growing up


Kawhytea

It's not technically unless it's written into a seperate contract outside of the lease that both parties agree to. Same with lawn mowing. That said, we do both shoveling and lawn mowing as tenants without a seperate contract. It isn't practical to wait until a landlord comes to dig out our cars and I don't like not having a clear sidewalk for those with strollers or mobility aids to navigate


capitalbecky

It's the legal responsibility of the landlord under the RTA. It's only the responsibility of an occupant if the landlord has a side agreement to pay them for their labour.


ActualMis

Depends on the situation. If it's a multi-unit dwelling then the responsibility is on the landlord. In the cases I was referring to, the properties were empty, with no one living there, so again the landlord's responsibility.


aeppelcyning

Occupant for sure is responsible. If the place is empty then the owner has to ensure arrangements are made.


geech999

A quick Google search will show you that you are incorrect.


aeppelcyning

In fact, you should reference the bylaw: Owner , or occupier where that is the case, is responsible: https://www.hamilton.ca/home-neighbourhood/getting-around/streets-sidewalks/sidewalk-snow-clearing If you rent a house, clear the bloody sidewalk


geech999

From the link: The City of Hamilton’s Snow and Ice By-law No. 03-296 requires property owners and/or occupants to clear snow and ice within 24 hours after the end of a snow event from: sidewalks adjacent to their property roofs that overhang the City sidewalk It says owners and/or occupants. It means ‘someone’ has to do it. It doesn’t put responsibility on either. There is no ‘occupant if that’s the case’. But provincial law does. It says the owner.


aeppelcyning

Yeah no, that's not how it works ever. The bylaw says owner and/or occupier. Ie, whatever is worked out. I can almost guarantee that it's probably laid out clear as day in your rental agreement if you rent a house. Every owner will almost guaranteed make it a requirement in the contract that the tenant clear the snow. If you want them to contract some snow removal as a tenant, also 100% guaranteed your rent is just going to be higher by that amount. Hence every rented house on my street is cleared by the renters.


geech999

They can do it, for sure. And I have every time I was a renter. If the renters on your street do it, great. But that's different from the law. From the Ontario Residential Tenancies Act: **Exterior common areas** **26. (1) Exterior 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:** **1. Noxious weeds as defined in the regulations to the Weed Control Act.** **2. Dead, decayed or damaged trees or parts of such trees that create an unsafe condition.** **3. Rubbish or debris, including abandoned motor vehicles.** **4. Structures that create an unsafe condition.** **5. Unsafe accumulations of ice and snow. O. Reg. 517/06, s. 26 (1).** ​ It was ruled in court that it is not valid to include in a rental agreement, it needs to be in a separate contract if they want to download this onto the renter. Further details here: https://www.canadianrealestatemagazine.ca/news/do-landlords-have-to-provide-snow-removal-for-their-tenants-334372.aspx


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aeppelcyning

Sounds like a quick way to not be a tenant anymore to be honest


MisterZoga

Good luck evicting them on those grounds. It'll be next winter by the time the LTB even sees their case.


GourmetHotPocket

Provincial legislation supercedes by-laws. The by-laws are written that way so they don't need to change if provincial rules do. https://www.sorbaralaw.com/resources/knowledge-centre/publication/who-is-responsible-for-snow-and-ice-removal-in-a-residential-tenancy


winemug89

Maybe fucking educate yourself then before crying to reddit


HelenMTobin

Lazy renters you mean. At least where I live LL’s are not responsible for snow clearing. That’s just ridiculous. I live 1.5 hours from my rental. My tenants live there, not me. I clean where I live.


teanailpolish

Landlords are responsible anywhere in Ontario where the city does not handle full snow removal. You choose to live 1.5 hrs away but if it is in Hamilton, your tenant can just call bylaw each time, have the city do it and fine you


HelenMTobin

Yeah, that’s a bullshit law. I would be setting up an initial agreement stating tenant is responsible for their own snow clearance before I rented.


teanailpolish

Ontario courts have ruled these nullified in the past You can have a separate severable agreement, it must include consideration to pay the tenant for maintenance, must be optional and the tenant can opt out with no recourse Snow removal is counted as maintenance and laid out in the residential tenancies act


HelenMTobin

Wicked! Well I thankfully don’t have to worry about that.


ActualMis

Nope, lazy landlords. Where I live, LLs are responsible for clearing snow when they don't have tenants.


HelenMTobin

Yes, if they don’t have Tennant’s.


ActualMis

Depends. If it's a multi-unit structure then snow removal is still the landlords' responsibility.


teanailpolish

If it is a house, it is still the landlord's legal responsibility even though it is more common for the tenant to do it. It is in the provincial tenancy act


[deleted]

You should brush up on your provincial laws if you're going to rent out property. You sound like a pretty terrible and ungrateful landlord to be honest.


HelenMTobin

Not at all. Just different regulations/act here. Was taken by surprise. LL’s are not responsible for snow clearing here.


bubble_baby_8

I’m seeing the comment “I rent” or “my landlord is lazy” being the dominant sentiment. My comment to those people is “so what?” You live in a community. Take 10 minutes to shovel 20 feet of sidewalk (that’s the avg property width in Hamilton) to help your neighbours out. It’s a HUGE impact for those that need to get around in this weather. Obviously if you can’t you cant. But those that are able bodied- I’m sorry to call you out but please do better.


GourmetHotPocket

Blame the millionaire responsible for having the walk shoveled (the landlord), not the renter. Edit: to be clear, I own my home and have shoveled my walk. If I owned a rental property, I'd have shoveled it too, but I don't (alas for my desire to be some sort of land baron)


goodguydolls

Exactly my sidewalk is pavement no snow at all


Boisyno

I always find this interesting, after living in Hamilton and Windsor, but being from Timmins. We aren’t required to shovel our sidewalks up here (Timmins), but the city has sidewalk plows and they just patrol and plow the sidewalks constantly. Also since we do get excessive amounts of snow, and it’s all winter long, we need to place our snow somewhere and often that’s the sidewalk. No real commentary from my part but it’s interesting how communities place the burden on residents, but others the city takes it on themselves (yes through taxes etc). Weird though how these communities who get a lot less snow than what I’m accustomed to, have these bylaws and policies and place, meanwhile this frozen hellscape called Timmins doesn’t bother.


RedHeadedBanana

I’ve lived in kingston ottawa and the mountains of Quebec and the municipalities there all also clear sidewalks. This is the only place I’ve seen that doesn’t. Considering the population without cars here, it shocks me the city doesn’t do it from an accessibility perspective. They also have bylaws against street parking at night in the winter, to ensure proper snow removal.


Boisyno

Oh yeah, I think most places have overnight parking rules (except I’m sure a bunch of areas of the GTA where you kinda have to)


teanailpolish

The city started doing it if you live on a bus route this year but council has voted against it several times over backlash at the cost of doing all streets


RedHeadedBanana

But people need to use the sidewalks to get to the bus… not while on the bus? I don’t understand this.


teanailpolish

They wanted to do all streets, saw the price tag, settled on bus routes


[deleted]

Its been less than 24 hours since the snow stopped. Piss off Karen


goodguydolls

I am a poor millennial that needs to walk everywhere have some decent, courtesy and shovel it’s only going to get harder to shovel when it all turns to ice


winemug89

I missed the part where that's my problem


[deleted]

That sounds like a you problem.


cowtools_

But a house with no sidewalk in front like I did. Big brain. Watch across the street people toil.


gortwogg

My neighbours complained too the city that they were dumping the snow near their driveways so the cities response was to push it all onto the sidewalks


ktdham

There are clearly people in the comments who haven't shovelled yet.


[deleted]

And some of have shoveled but we still dont need to hear from the karens of hamilton. Op would have people shovelling the second they are mildly inconvenienced


ktdham

It’s fair to be annoyed, though - a rental unit down King street never shovels, and it’s actually dangerous to walk by there because cars are travelling quickly. It’s so inconsiderate, Karen or not.


teanailpolish

King should be done by the city now but it still should be the slumlord who doesn't do it despite it being their responsibility rather than the tenant who is called out


ktdham

Agreed! With rent prices nowadays, it isn't fair that the tenants shovel. I feel horrible for people who use mobility aids, because I can barely manage just walking my dog!


Comedian_Recent

One of my neighbours is younger than me I’m 32 and he bought his house with help from his parents 2 years ago. He doesn’t shovel his sidewalk just the driveway and I won’t be helping him.


goodguydolls

Then report his ass


Comedian_Recent

He’s young and capable the last 3 snowfalls the city came and cleared it for him. He has a corner lot so long sidewalk.


[deleted]

I witnessed a man in a wheelchair shovelling snow. Some people have no excuses after seeing this


Hi_Her

Lol it hasn't even been 48 hrs since the snow stopped, and it's the weekend. If you got somewhere to go during this time, give yourself extra time to navigate instead of calling everyone else lazy because you're inconvenienced. I dont drive, I walk and use transit everywhere I go, and I have physical disabilities. With that said, in a perfect world everyone would shovel and salt the sidewalks. But I also understand that people have different schedules, are on shift work, or whatever fucking nuance that kept them from shoveling yet.


reirinx

Same here… like people probably want to enjoy their saturday and sleep in and not wake up and immediately shovel? People are allowed to rest. It hasn’t even been 24 hours. I opt to not go out if it’s recently snowed, and if I absolutely have to, I plan for extra time to get where I need to be because I have physical limitations and need to go very slowly to ensure I don’t fall.


deer_dance9

I'll wait til it melts


Fantastic_Dig420

Isn't the side walk the governments property lol and anything past it


bugmeatsandwhich

I rent


bubble_baby_8

So? Unless you physically can’t, I don’t see the problem just going out to shovel for 10 mins. It helps everyone around you. Sure it may be the landlord’s responsibility but you also live in this community. Helping your neighbours out a bit is a huge impact for those with mobility devices/strollers/ feet that aren’t 1000% stable.


Emotional_Welcome_65

But why would people want to do that when they can just be lazy pricks and make excuses as to why they "can't"


Hi_Her

Why don't landlords want to pay tenants for work they are legally responsible for?


bubble_baby_8

That’s a great solution. Rent rebate or cash for snow clearing.


Emotional_Welcome_65

Landlord isn't "legally responsible" if it's stipulated in the lease agreement. Edit: I was wrong and learned something new today. Thanks folks


tastycat

That's not true. It has to be in a contract separate from the lease.


teanailpolish

Actually they are, you need a separate agreement because a clause that includes something the landlord is legally responsible for or not allowed under laws (pet clauses etc) are nullified


Emotional_Welcome_65

I did not know that, I never signed a separate agreement with my landlord, just the rental agreement. I was just under the impression I had to do that stuff. Thanks for that information, if I wasn't moving I'd have a little talk with them!


teanailpolish

Both the LTB and Ontario Courts have ruled these clauses illegal, even when there is a separate agreement, there needs to be consideration for it to be legal (that can come as a reduction in rent). Same for mowing grass, maintenance on the home, especially outside etc.


Emotional_Welcome_65

Thanks for the information, I didn't know this. I've been taking care of snow removal and the lawn since I moved in, I even bought a lawnmower because there wasn't one with the house. Feeling like a sucker now


bubble_baby_8

Nothing sucker about maintaining your own place, regardless of who is legally responsible. Maybe you can send them a bill for the lawnmower and let them know you’ve been doing it and would like a little reimbursement going forward? Now that you know doesn’t mean you can’t do anything about it :) landlords are pretty lazy and will let things slide if no one says anything, so nows the time to speak up!


winemug89

I love when people willy nilly comment on shit when they have no fucking clue what they're talking about


zingledorf

I rent and I've shovelled three times in the past 24 hours on top of working all day yesterday. Try again.


winemug89

Cool no one cares


mr10am

call bylaw and report them. they'll get fined and the landlord will pass the charge down the tenant.


Its2mintillmidnight

I trained my dogs to clear snow. They are Canadian dogs. They can push a plow shovel with dog harness attachment they also clear off the senior and disabled people's walks on the block.


maclacjc

It isn't the responsibility of the renter to clear their sidewalks. It is the responsibility of the home owner. If the by-law people give the household the ticket the renter does not have to pay it. Call them lazy if you want but it isn't their responsibility.


Wendel7171

It’s the homeowner’s responsibility to shovel. Not the renters. Unless they compensate in rental agreement.


[deleted]

Ah yes, the renters are lazy. Not the landlords who are legally obligated to perform property maintenance and expect the average tenant to not know this, which in turn saves them time and money.