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Ontario|Landlord & TenantResidential 433 Rights and obligations for repairs
- Duties of landlords and tenants
Under the law, landlords are responsible for maintaining their rental premises in a good state of repair. This includes complying with all health, safety and maintenance standards that are usually set by the local municipality. Tenants are responsible for keeping their unit clean and for repairing any damage they or their guests cause to the unit or the premises.
- A landlord's duty to maintain the premises in good repair
A landlord's obligation to maintain the premises is ongoing, and does not just arise when the tenant complains or when the disrepair becomes severe. Although a tenant has the obligation to keep the premises clean, it is the responsibility of the landlord to repair damage due to reasonable wear and tear over time. This includes: fixing broken appliances, leaking faucets, peeling paint, and clogged pipes, and ensuring that there is a proper supply of water and other utilities included in the tenancy agreement. A landlord is also responsible for preventing and ridding pests and insects from the tenant's unit and the entire premises.
- A tenant's legal options if a landlord is not maintaining the premises
If a landlord is not maintaining the premises properly, a tenant has four legal options. First, tenants can write a letter to the landlord detailing all repairs that are needed, and should keep a copy of the letter for their records.
Second, if the landlord refuses to address the problems, the tenant can contact the Property Standards department of the local municipality. In areas where there is not a property standards office, the tenant can contact the Maintenance and Standards Unit of the Ministry of Municipal Affairs and Housing listed in the Blue pages of the telephone book. Since problems of disrepair, safety, and infestation are usually violations of a by-law, if a tenant calls the municipality, an inspector will normally make an appointment to inspect the premises. If the inspector finds that a by-law has been violated, they will usually write a report ordering that the repairs be completed by a given deadline. The landlord and tenant will both receive copies of the report.
Third, if the landlord does not comply with the order, they may be fined or charged with an offence, and the tenant can use the report as evidence in legal action against the landlord.
Fourth, even if the landlord repairs the problem, a tenant can still apply to the Ontario Rental Housing Tribunal for an abatement of rent. An abatement of rent is a reduction in rent for the months that the premises was is disrepair. This means that if an abatement of rent is approved by the Tribunal, the tenant will receive money back for previous rent paid and their future rent will be reduced until the repair is fixed. Applying for an abatement of rent involves a hearing in front of a Tribunal member who will review the evidence of disrepair, hear arguments from both sides, and determine if the tenant should receive a deduction from their rent. However, a tenant is only eligible to collect an abatement for up to 12 months before they made their application. Therefore, a tenant should deal with disrepair problems right away.
Applying for an abatement of rent is a complicated procedure that requires formal documents to be filled out. If you want to apply for an abatement, you may want to contact a legal clinic in your area. There may also be a lawyer on duty at the Tribunal office who can assist you with the application.
For additional information on maintenance issues, you can contact the Ontario Rental Housing Tribunal information line listed in the Blue pages of the telephone book.
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