Maintenance – Ontario housing law basics

It can be stressful dealing with maintenance issues in a unit or building, especially if the landlord has not taken steps to fix the issue. Under the Residential Tenancies Act, landlords are obligated to deal with maintenance issues, however a tenant does not have the right to withhold rent when a landlord fails to properly address a maintenance issue. Tenants may have legitimate concerns about the condition of their building or unit, however if they choose to withhold rent, they could be at risk of eviction if they do not pay the full amount of their rent on time.

If you have a maintenance concern in your unit or building and your landlord is not addressing the problem, you can:

• speak with your landlord about your concerns
• contact your local Property Standards office to schedule an inspection
  • Call: 3-1-1
• file a complaint with the Rental Housing Enforcement Unit
  • Call: 1-888-772-9277 OR 416-585-7214
  • Provide them with the following information:
    • your name and contact information
    • your landlord’s name and contact information
    • details of the complaint, for example the date and what happened
    • supporting documentation, for example notice of entry or relevant emails

• file a T6 application with the Landlord and Tenant Board

• find out more about how to deal with repairs and maintenance issues

It can be difficult for tenants to know where to start when they are dealing with a maintenance issue.

If you have a maintenance concern in your unit or building, you can:

• speak with your landlord about your concerns
• contact your local Property Standards office to schedule an inspection
  • Call: 3-1-1
• file a complaint with the Rental Housing Enforcement Unit
  • Call: 1-888-772-9277 OR 416-585-7214
  • Provide them with the following information:
    • your name and contact information
    • your landlord’s name and contact information
    • details of the complaint, for example the date and what happened
    • supporting documentation, for example notice of entry or relevant emails

• file a T6 application with the Landlord and Tenant Board

• find out more about how to deal with repairs and maintenance issues

Tenants who live in condominiums are considered “tenants” under the Residential Tenancies Act (RTA), and the owner of the condominium is the tenant’s landlord. Under the RTA, the landlord is responsible for providing and maintaining the unit in a good state of repair and fit for habitation, and for complying with health, safety, housing and maintenance standards.

The landlord may refer some repairs or maintenance concerns to the condominium corporation depending on the nature of the issue, but it is still the landlord’s responsibility to manage the repair request from the tenant. If the landlord thinks that the condominium corporation should be responsible for the repair, it is the landlord’s responsibility to bring that concern to the condominium board.

If you are a tenant in a condominium and have a maintenance concern, you can:

• speak with your landlord about your concerns
• contact your local Property Standards office to schedule an inspection
  • Call: 3-1-1
• file a complaint with the Rental Housing Enforcement Unit
  • Call: 1-888-772-9277 OR 416-585-7214
  • Provide them with the following information:
    • your name and contact information
    • your landlord’s name and contact information
    • details of the complaint, for example the date and what happened
    • supporting documentation, for example notice of entry or relevant emails

• file a T6 application with the Landlord and Tenant Board

• find out more about how to deal with repairs and maintenance issues

Often, the responsibility for repairs in housing co-operatives will be set out in either the co-operative’s Occupancy By-law or a Maintenance and Repair By-law. Typically, the co-operative’s Board is responsible to address maintenance issues within a member’s unit, but not always. Members of housing co-operatives should consult their by-laws to find out who is responsible for specific repairs, and to confirm if the members are responsible for any repairs themselves.

Members of housing co-operatives are not considered “tenants” under the Residential Tenancies Act. This means that housing co-op members cannot file applications with the Landlord and Tenant Board if they have maintenance or repair concerns. Any concerns must be brought to the co-operative board.

• Find out more about how co-operative members can address concerns

enants who have damaged something in their unit are usually responsible for the cost of the repairs, unless the damage is caused by regular wear and tear over time. If tenants cause damage to their unit or the common area and they do not cover the cost of repairs, they could receive a notice of eviction from their landlord. If the damage is very serious, tenants could face an eviction notice even if they pay for the repairs. Tenants are also responsible for any damage caused by their guests.

If you or a guest have damaged something in your unit or building, you can contact your landlord to discuss how much the repairs may cost.

• Find out more about what to do if you have caused damage to your unit or building

If you have received a notice of eviction for causing damage to your unit or building, you can:

• Contact your local legal aid clinic

• Contact us if you need support:
  • Call: 1-800-263-1139   OR   416-944-0087
  • Email: cchr@housingrightscanada.com

Tenants do not need to pay for repairs for maintenance issues that are caused by regular wear and tear or use over time. Unless a tenant or their guest caused the damage, they are not responsible for the cost of the repairs. Landlords are responsible for making the repairs and for covering the cost.

• Find out more about how to deal with repairs and maintenance issues

If you are concerned about your rights when requesting repairs, you can:

• Contact the Federation of Metro Tenants Association
  • Call 416-921-9494
• Contact us if you need support:
  • Call: 1-800-263-1139   OR   416-944-0087
  • Email: cchr@housingrightscanada.com