Repairs, Maintenance and Tenant Remedies
Ontario landlords have an ongoing duty to keep rental units in good repair. Here is how that duty works, and what a tenant can do if repairs are not made.
Repairs & Maintenance
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The landlord's maintenance obligation
Section 20 of the Residential Tenancies Act, 2006 (RTA) generally requires a landlord to keep a rental unit and the residential complex it is part of in a good state of repair, and to comply with all applicable health, safety, housing and maintenance standards. This duty generally applies regardless of the amount of rent being charged, the age or condition of the building when the tenancy started, or what the lease itself says. A landlord and tenant generally cannot agree to waive this obligation in a lease — a clause saying the tenant accepts the unit "as is" or takes over responsibility for major repairs does not override the RTA.
The obligation covers things like a functioning heating system, working plumbing and electrical systems, structural elements such as roofs and walls, and common areas in multi-unit buildings such as hallways, stairwells and elevators. It generally also extends to pest control and to appliances the landlord has provided as part of the tenancy.
Key point
A lease clause that tries to shift the landlord's basic repair obligations onto the tenant is generally not enforceable — the RTA's maintenance duty applies regardless of what the lease says.
Documenting and requesting repairs
When something needs repair, a tenant's first step should generally be a clear, written repair request to the landlord or property manager — an email or text message works well because it creates a timestamped record. The request should describe the problem specifically, note when it started, and ask for a reasonable timeline for the repair to be completed. Tenants should keep copies of all communications, take dated photos or videos of the issue, and log any related costs, such as space heaters purchased because of a heating failure.
If a landlord does not respond, a tenant may want to send a follow-up in writing, again keeping records, before escalating the matter. This paper trail becomes important evidence if the issue is not resolved and ends up before the LTB.
If repairs are not done: the T6 application
When a landlord does not meet their maintenance obligations, a tenant may generally file a T6 application — "Tenant Applications about Maintenance" — with the LTB. This application asks the Board to find that the landlord has breached their maintenance duty and to order an appropriate remedy. The application generally needs to describe the maintenance issue, when it was reported, and what steps (if any) the landlord took. A hearing may be scheduled, at which the tenant would generally need to present the evidence they gathered.
Possible LTB remedies
If the LTB finds that a landlord breached their maintenance duty, it has a range of remedies available, and it decides based on the specific facts. These may include an order requiring the landlord to complete specified repairs by a set date, an abatement (partial refund or credit) of rent reflecting the reduced value of the unit while the problem existed, compensation for reasonable out-of-pocket costs the tenant incurred because of the issue, or an order that the landlord pay an administrative fine in more serious cases. The LTB may also order a combination of these remedies. What remedy, if any, is granted depends on the evidence in each case, and no specific outcome is guaranteed.
Municipal property standards
In addition to the LTB process, most Ontario municipalities have their own property standards bylaws enforced by municipal bylaw or property standards officers. A tenant can generally contact their local municipality to request an inspection, particularly for issues that may also involve building or fire code concerns, such as a lack of heat, structural hazards, or serious pest infestations. A municipal inspection order is a separate process from an LTB application, and pursuing one does not generally prevent a tenant from also applying to the LTB.
Key point
Municipal property standards enforcement and an LTB T6 application are two different tools that can sometimes be used together — a municipal inspection report can also serve as useful evidence in an LTB hearing.
Why withholding rent is risky
It can be tempting for a frustrated tenant to simply stop paying rent, or reduce what they pay, until repairs are made. In general, this is not recommended, because rent and maintenance are treated as separate obligations under the RTA. A tenant who withholds rent without going through the LTB process may still face an N4 notice or eviction application for non-payment of rent, even if their underlying maintenance complaint has merit. The safer route is generally to continue paying rent as required while pursuing a T6 application or municipal complaint, so that the tenant's own compliance with the RTA is not put at risk while the repair issue is resolved through the proper channel.
This article provides general information about Ontario landlord and tenant law. It is not legal advice. For advice about a specific situation, consult a licensed paralegal or lawyer, or contact the Landlord and Tenant Board.
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Reviewed by Ryan J. Manilla, BA, JD
Legal Reviewer · Landlord Tenant Ontario