Maintenance and Repairs

By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

Under the Residential Tenancies Act (RTA), landlords must keep rental premises in good repair and fit for living in at all times during a tenancy. As well, the premises must also meet all health, safety and housing standards set by law. In other words, a landlord, at his or her expense, is supposed to make all the repairs necessary for a tenant to be able to reasonably live in the premises.

This can come as a surprise to some landlords, particularly when they are told that they cannot contract out of this obligation. The fact that a rental unit is in a poor state of repair when a tenant moves in is also no excuse. A landlord cannot simply add the costs of the repairs to the rent, with the claim that the tenant was well aware of the condition of the premises before taking occupancy.

A tenant has a number of options if a landlord will not fix or maintain the premises, or fails to perform the work in a reasonable period of time. However, not paying the rent is not an option we recommend, as that could quickly lead to eviction proceedings!

The first step is always to talk to the landlord. If that doesn’t bring about results, then a tenant should follow up with a written request (keeping a copy for their own records), setting out the repairs and maintenance needed. At this stage, taking some photographs of the premises, showing the work that is required, would be a good idea.

If the landlord still doesn’t carry out the work (and the season of broken furnaces and frozen pipes will soon be upon us), then the next step is to call your local municipal office. If the property does not meet local housing standards, the building inspector, or the health unit, may issue a work order to the landlord demanding that the repairs or maintenance be carried out.

By this time, it may be clear that the landlord is not going to willingly live up to his or her legal obligations and it is time for a tenant to apply to the Landlord and Tenant Board. The Board decides disputes between tenants and landlords and will schedule a hearing, usually fairly quickly, to hear both sides of the case. The Board can make a wide range of Orders such as ordering that the necessary work be done, ordering the landlord to compensate the tenant (sometimes referred to as a rent abatement), for the time for which the repairs were not done, or for any Order that it may think reasonable in the circumstances.

Repairs and maintenance should not be confused with “decorating” - the rental unit must be fit to live in; it doesn’t have to look like something out of “Country Homes & Gardens”! Unfortunately the legislation is not as clear as most tenants and landlords would like and therefore each case must be considered individually to see if the repairs are something a tenant has the right to demand.

A tenant who decides independently to go ahead with repairs without first obtaining the landlord’s consent could end up with a nasty surprise. Not only could the landlord refuse the tenant’s request for reimbursement but upon application to the Landlord & Tenant Board for an Order for payment of the repair bill, the tenant could still be out of pocket if the Board doesn’t agree that the repairs were necessary or that the costs were reasonable.

For these reasons, it is always best for a tenant to try to get the consent of the landlord before spending any money on repairs. A really careful tenant would also obtain that consent in writing, together with permission to deduct the bill from the next rent cheque, before getting started.

It should be remembered that tenants too have obligations. They are responsible for any damages that they, or their guests, cause to the premises. The landlord can also raise the issue of the tenant’s obligations at the Board.

Tenants who are having problems with their landlords should seek help before things get out of hand. The Landlord and Tenant Board can provide information, but not advice, to both tenants and landlords and can be reached at 1-888-332-3234 (www.ltb.gov.on.ca ). Another provincial government agency, the Investigation and Enforcement Unit, may also provide help to both tenants and landlords and may be reached at 1-888-772-9277 (www.mah.gov.on.ca/ieu ).

Tenants too can seek information or assistance from Rural Legal Services. If a tenant meets the financial guidelines set by Legal Aid Ontario, we are able to do more than just provide information and may represent you before the Landlord and Tenant Board.

Even if you do not need legal assistance now, you may wish to stop by for a copy of one of our brochures that go into more detail than this column on maintenance and repairs, and other legal issues arising from the landlord and tenant relationship.

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.