Ottawa Citizen

Tenant should talk to building manager to help address snow removal issues

- BY DICKIE & LYMAN LLP WHO PRACTICE LANDLORD/TENANT LAW AND OTHER AREAS OF LAW

Q: I am very unhappy with the snow removal provided by my landlord. I live in a large apartment building, and I have an outdoor parking spot. Each time after it has snowed, the snow removal contractor has come by between 6:30 a.m. and 7:30 a.m., but he makes matters worse. He plows the snow off the access to the undergroun­d garage and down the middle of the outdoor parking lot. All that does is to pile snow behind our cars. Then, when people try to dig out their cars, they throw much of the snow back where we need to drive. The other day I was late for work because I had to spend 10 minutes shovelling away the snow piled behind my car. Then, at 9 p.m. all the tenants with cars are asked to move the cars so that the parking stalls can be plowed out — but I’ve already shovelled mine out. What can I do to get better service?

A: The snow removal service you have described sounds pretty standard for Ottawa. The contractor­s cannot clear all the snow at once. As a result, their standard snow removal contracts call for them to make a pass between 4 a.m. and 7 a.m. or 8 a.m. to clear the snow from the driving lanes. Then they come back later, when most people have driven their cars off-site to get to work, so they can clear out the parking stalls.

In heavy snow storms, residents must expect that there will be delays in snow clearing both on city streets and in private parking lots. You need to plan accordingl­y.

To properly clear the parking stalls, the snow removal contractor­s do need occupants to move their cars. If the timing of that is not convenient for you, perhaps you could make arrangemen­ts for a neighbour to move your car.

If this does not work for you, you could consider asking for an indoor parking spot. Partly because of the inconvenie­nce of parking outside during Ottawa winters, indoor parking spots tend to be more expensive than outdoor spots. Some landlords will agree to move tenants from outdoor to indoor parking for an increased fee. However, if you move to an indoor spot for the winter, you cannot assume that you can return to an outdoor spot in the spring.

A few issues you mention do sound like they may need some attention. Tenants should not be shovelling the snow from behind (or beside) their cars into the driving lanes. Your building manager may be well advised to explain the snow removal process for new tenants, and to remind everyone not to shovel snow into the driving lanes.

Also in plowing the driving lanes, it would be better if the snow was not all piled up behind the cars. Some of that is inevitable, but perhaps your building manager can talk to the contractor about whether that can be reduced from what is happening now. It may just require the driver to make two or three passes from opposite directions, or allow an additional space to push the snow into. You can speak with your building manager about whether he or she can address those issues with the contractor and with tenants. Often it is only after the first two or three large snow storms that snow removal companies can determine the optimal way to remove the snow in the least inconvenie­nt way possible.

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