Are you a renter in Ontario and have questions about property maintenance and repair? This blog post will review the rights and responsibilities for both landlords and renters in Ontario when it comes to maintenance and repair.
This post is for general information only. It is not a substitute for legal advice. If you need specific legal advice, talk to a lawyer. Renters living on low-incomes in Ontario may be able to get free legal advice from their local community legal clinic. To find your clinic, visit this website.
Who is responsible for maintenance and repairs, the landlord or tenant?
The most important thing for renters to know is your landlord is responsible for keeping the place you rent:
- in good repair,
- in a state fit for you to live in, and
- in a state that complies with health, safety, housing, and maintenance standards.
The responsibility rests with the landlord even if you knowingly rented a unit that required repairs or maintenance. This is set out by law in the Residential Tenancies Act.
This means the landlord must arrange and pay for any maintenance or repairs required in the unit. Examples of the kinds of repairs and maintenance your landlord is responsible for include replacing broken appliances, pest treatments, or cleaning carpets in common areas.
The exception to this is in situations where the tenant must repair or pay for repair of undue damage that they or their guest or another occupant caused (other than normal wear and tear). An example of undue damage would be smashing a window.
Who is responsible for cleaning?
Generally, tenants are responsible for cleaning their units to a normal standard of cleanliness. Rarely, it can be grounds for eviction if a tenant is not cleaning and/or hoarding to a degree that it violates the lease, causes undue damage, and/or poses a safety hazard.
How do I ask my landlord to do a repair or fix something?
If you find a problem or an issue with your unit, it is important to tell your landlord right away. Ideally, you notify your landlord of the problem in writing and ask them to fix it.
The landlord is expected to address problems or issues in a timely fashion. This will be relative to the severity of the repair or issue. If it’s something to do with a “vital service,” they are expected to resolve the issue as soon as possible. Vital services include:
- Hot and cold water,
- Fuel,
- Electricity,
- Gas,
- Heat (from September 1 to June 15).
Once you’ve asked your landlord to fix or repair something, it’s a good idea to document everything, just in case. This means:
- Keep track of the dates you contacted your landlord about the problem.
- Take videos and pictures of the issue.
- Take screenshots of any emails or texts between you and your landlord about the issue.
- Keep any receipts or invoices you receive related to the problem.
What do I do if my landlord is slow or refuses to fix something?
If your landlord is not acting quickly enough to address or fix a repair or problem, you can call 311 (property standards) or public health depending on the type of problem. This will help get the problem fixed.
If, after that, your landlord continues not to respond or fix in a timely way, you can file what’s called a T6 application at the Landlord and Tenant Board (LTB).
Filing a T6 means at some point, there will be a hearing scheduled for you and your landlord about the issue at the LTB. The LTB can order the landlord to fix the problem or provide the tenant with money for not following the law. This is why it is very important for renters to document and screenshot everything to do with the repair or maintenance issue, because it may be used as evidence at a hearing.
It’s important to consider, though, that the LTB currently has a big backlog of cases. That means it may be many months before you have a hearing scheduled. If you make a T6 application about the issue, you must file it at the LTB within 1 year of the day you experience the problem.
ACTO’s sister clinic, CLEO, has a guided pathway to assist renters in filling out the T6 on Steps to Justice.
Should I pay my rent if my landlord isn’t fixing repair issues?
Yes, you should continue to pay your rent in full and on-time, even if the landlord is not fixing repair or maintenance issues in your home. This is because, even though a landlord is required by law to do it, withholding your rent may result in your eviction.
If you have filed a T6 application against your landlord, you may be able to pay your rent into a trust (instead of your landlord). This would be possible in a situation where if you are moving out and it will be difficult to collect reimbursement for a repair you paid for, if your landlord will not accept rent, or if you don’t know who to pay.
More resources
For more information about repairs and maintenance, check out our full Tenant Tip Guide: What can I do if my landlord does not do repairs or respect my legal rights?
Visit Steps to Justice, where you can find more information and guided pathways for common tenancy issues in Ontario.