Taking Action as a Tenant in Ontario - General Repairs
Ensuring Your Rental Property is Adequately Maintained
In the Canadian province of Ontario, a landlord cannot claim that you knew about a certain maintenance or repair problem before you moved in and therefore he or she is not required to fix it. This even applies if your landlord put any sort of "as is" clause in your lease. The law requires the landlord to keep the property in good condition and they are responsible to repair any problems, unless you or your guests caused the problem by being careless or on purpose.
Repairs and maintenance requirements do not just apply to the actual building and rental unit. The landlord is required to keep anything that came with the place in good working order, including appliances and common areas, such as parking lots, elevators and hallways.
Requesting Repairs and Maintenance from your Landlord
If you have a problem that requires maintenance or repairs, talk to your landlord and request action be taken. If no action is taken by the landlord, write a letter to the landlord to request the problem is fixed. Ensure you include the date on your letter and a detailed description of the issue you would like addressed. Keep a photocopy of your letter and note when you gave it to the landlord. Some landlords may already have special forms to fill out when maintenance is required, but ensure you have a dated-copy for your own records. Without written documentation of your requests for the repair, you will not have much of a case later on if you have to pursue this with the Landlord and Tenant Board or with municipal authorities.
Taking Action When Repairs Are Not Made
If you do not receive a response from your landlord regarding your request for repairs within a reasonable amount of time, or if the landlord refuses to make the repairs, you can contact your municipal government and request an inspection. If you do not live in an area in Ontario with municipal by-laws on property standards, you can call the provincial Investigation and Enforcement Unit. A link is provided below.
If you have taken these steps and they have not worked, you can then go to the Landlord and Tenant Board. You will be required to submit an application with a fee, however the Board can make your landlord pay you back the fee if you win your case.
The Landlord and Tenant Board can take several actions if they agree that your landlord has not done enough to fix the problem. They can order your landlord to make repairs, to repay money to you if you had to pay for the repairs, or to make other payments to you. The Board can also order an abatement of rent, meaning that your landlord must pay you back part of the rent you paid while the problem existed. They can also order that your rent stay at the lower amount until the problem is fixed.
Power in Tenant Numbers
With many repair and maintenance issues, you are usually not the only tenant in the building facing these problems. By working with your fellow tenants, you can try to address the problems that effect many in the same building by working together. If you have to apply to the Board or obtain legal assistance, working with other tenants can help save time and money.
Additional Resources:
- Taking Action as a Tenant - Heating
- Taking Action as a Tenant - Emergency Repairs
- Investigation & Enforcement Unit of the Ontario Ministry of Municipal Affairs and Housing
- Ontario Landlord and Tenant Board
Landlords are responsible for property repairs
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