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Brochure: Maintenance and Repairs

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Data in this Brochure

The Residential Tenancies Deed (RTA) sets out the obligations landlords and tenants each accept for the maintenance and repair of a rental property. This brochure explains some of these obligations.

These obligations apply to all rental agreements, even if:

• the rental agreement is not in writing
• terms in the rental agreement disharmonize with the RTA
• the rental unit was not in skillful condition and the tenant agreed to rent it anyhow

This brochure is non a complete summary of the police force. If you need more detailed data, contact the Landlord and Tenant Board.

Table of Contents:

• Landlord Responsibilities
• What Tenants Can Do When There's a Problem
• Tenant Responsibilities
• What Landlords Can Do When At that place's a Problem

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Landlord Responsibilities

Repair the rental property

A landlord must keep a rental property in a good state of repair. All things that the landlord provides to the tenant must be kept in working order. This could include:

• Electrical, plumbing or heating systems
• Appliances
• Carpets in the unit of measurement or mutual areas
• Walls, roofs, ceilings
• Windows, doors, locks, lighting
• Garages, laundry rooms, patios, walkways or pools

If something no longer works due to normal wear and tear or because information technology breaks or wears out, the landlord must repair it and so that information technology works properly, or replace information technology. When something is replaced, all the same, the landlord does non take to supply a new or better model.

For case, if a stove supplied by the landlord cannot be fixed and must exist replaced, it does not have to be replaced with a newer model with more features. Also, the landlord could replace it with a used stove, as long as the used stove works properly.

Maintain the rental property

A landlord must keep the rental holding make clean. This includes the anteroom, halls, lift, laundry room, puddle, and parking lot or garage. A landlord must also accept steps to control pests such as cockroaches and mice.

Come across property standards

A landlord must make sure that the rental property meets health, safety, housing and maintenance standards. These standards are set out in municipal bylaws or provincial maintenance standards.

Municipal Bylaws: Many communities in Ontario have bylaws that set minimum standards for the budget and maintenance of a rental property. A landlord must maintain a rental property to the minimum standards. Your local municipal government is responsible for enforcing these bylaws.

Provincial Maintenance Standards: Some communities practise non have municipal bylaws. In those areas, the landlord must follow the provincial maintenance standards set out in the Residential Tenancies Human action regulations. The municipality is responsible for enforcing the provincial maintenance standards.

For more than information, run into the department: Study the problem.

Follow the fire safety laws

The landlord must follow all fire safety laws. Information nearly fire rubber laws for rental properties is available from your local fire department, or from the website of the Office of the Ontario Fire Marshal.

Not interfere with vital services

"Vital services" are hot or cold water, fuel, electricity, gas and, during certain months of the twelvemonth, heat. If a landlord provides heat, it must be kept at a minimum temperature of 20^o Celsius from September 1 to June 15. Still, some municipal standards may be higher.

If a landlord provides any vital service to a tenant, the landlord cannot withhold the reasonable supply of information technology. This rule applies fifty-fifty if the tenant'due south hire is overdue, or the tenant has damaged the holding.

If a rental agreement says a tenant must suit for i or more of these services (for case, the tenant pays the hydro company directly for electricity), the landlord cannot deliberately interfere with the supply of those services.

Notation: If a vital service to a rental unit is cut-off because the landlord failed to pay their nib, the landlord is considered to have withheld that service. However, if a vital service is cut-off because the tenant failed to pay their own utility beak, the tenant cannot claim that the landlord withheld a vital service.

Give notice to enter the rental unit of measurement

A landlord may enter a rental unit to inspect for maintenance bug, brand repairs, practice work or replace something.

The landlord must requite the tenant written notice at to the lowest degree 24 hours before the landlord plans to enter. The written notice must include:

• The reason why the landlord wants to enter
• The date the landlord volition enter
• A specific time of entry between 8 a.k. and viii p.m.

Boosted maintenance obligations in mobile homes and land lease communities

Landlords of mobile domicile parks and country charter communities have boosted maintenance obligations. They must keep the mobile dwelling house park or land lease community in a skilful land of repair. This includes:

• The grounds and all buildings and equipment intended for the use of all residents
• The roads - keeping them free of potholes, snow and other dangers
• The h2o supply – making sure that in that location is plenty drinking h2o and water pressure for normal household apply
• The fuel, drainage, sewage and electrical systems

These landlords are besides required to:

• dispose of garbage on a regular ground (or arrange for it to exist disposed of)
• repair any harm to the property that the landlord deliberately caused, or that resulted from the landlord's neglect

What Tenants Can Practise When There'due south a Problem

Inform the landlord

If a tenant has a maintenance problem, the first matter they should do is ask the landlord - in writing - to fix the trouble.

The tenant can write the landlord a letter of the alphabet or complete a "maintenance" or "work society" asking class. The tenant should keep a copy of their written request.

If the landlord does not fix the trouble

If, after being informed about the problem, the landlord does non fix it within a reasonable time, the tenant can:

• written report the problem to their local government
• file an application with the LTB
• do both of these things

Report the trouble

The tenant can contact their local municipal government and ask to have the property standards by-law enforced or, if there are no holding standards past-laws, then to accept the provincial maintenance standards enforced. The local municipality may:

• inspect the property for whatsoever bylaw violations
• issue a observe of violation or a municipal work order that requires the landlord to make repairs by a deadline.

If the landlord does not do the repairs, the local municipal government can:

• take the landlord to court for not post-obit the bylaw
• do the work and add the cost to the landlord's property taxes
• practice both of these things

Utilise to the LTB

If the tenant tells the landlord about a trouble and the landlord doesn't fix it, doesn't fix it properly or doesn't fix it quickly enough, a tenant can file a Tenant Application about Maintenance (Form T6) with the LTB. Yous tin can file this awarding online through the Tribunals Ontario Portal.

When the awarding is filed, a hearing will be scheduled. Both the tenant and the landlord have a right to attend the hearing to explicate their side of the story.

Support the application

The tenant volition have to show that the landlord is not properly maintaining the unit. The tenant volition need to testify at the hearing. They should also bring three copies of whatsoever documents and other testify which supports their claim. Some examples are:

• Printed pictures of the maintenance problem
• Copies of written correspondence with the landlord, such equally piece of work club requests or messages
• A ledger or log of dates and times when the tenant spoke with the landlord
• Copies of municipal or provincial work orders

Remedies the tenant can enquire for

On a Tenant Application nearly Maintenance (Form T6), the tenant can ask the LTB to:

1. Grant a rent abatement (reduction), which means the landlord would exist required to pay an corporeality directly to the tenant or the tenant would be allowed to agree dorsum all or part of the rent.
2. Order the landlord to repair or replace something, or do work by a certain date.
3. Allow the tenant to repair or replace something, or exercise work, and order the landlord to pay the tenant for the cost of the repair.
4. Gild the landlord to pay the tenant for:
   • any reasonable expenses the tenant paid to repair or replace something, or for work that the tenant did, which the landlord was responsible to do
   • damage caused to the tenant'southward property, or out of pocket expenses of the tenant, that resulted from the maintenance and repair problems
5. Cease the landlord from increasing the rent for the rental unit, until the landlord fixes any serious maintenance issues.
6. End the tenancy (only only if the tenant asks or the rental unit is dangerous).
7. Brand another type of guild; for example, an order which requires the landlord to pay coin to the tenant.

Do not withhold hire

A tenant should not withhold any part of the hire, fifty-fifty if the tenant feels that maintenance is poor or a necessary repair has not been done.

A landlord can utilize to adios a tenant if the full rent is non paid on fourth dimension.

If a tenant files a Tenant Application about Maintenance (Grade T6), the tenant may ask the LTB to allow them to pay some or all of their rent to the LTB (instead of the landlord) until their application has been decided. The LTB will determine whether or not to grant the tenant's request. To make this request, apply the form Request to Pay Rent to the Board on a Tenant Awarding virtually Maintenance.

Tenant Responsibilities

Go along the unit of measurement make clean

A tenant must keep the rental unit make clean, up to the standard that well-nigh people would consider ordinary or normal cleanliness.

Keeping an untidy unit is not a reason to evict a tenant nether the RTA. Nonetheless, if a tenant's unit is so unclean that it is interfering with the reasonable enjoyment of the landlord or other tenants in the building, the tenant could be evicted for this reason.

Also, a tenant could exist evicted for putting the safety of the landlord or other tenants at take a chance. For case:

• The unit of measurement is and then dirty that it attracts pests
• The unit of measurement is then cluttered that information technology poses a burn hazard

Repair damage

A tenant must repair or pay for the repair of any damage to the rental holding that'due south not due to normal wear and tear. The damage could accept been caused by the tenant, their guests or another person living in the rental unit. This includes damage in the tenant's unit, also as in whatsoever common areas such as a hallway, elevator, stairway, driveway, or parking area. It does not matter whether the harm was done on purpose or past non being careful enough – the tenant is responsible.

Tenants are not responsible for damage caused by normal employ. For case, the tenant is not responsible for replacing a rug which has become worn after years of normal, everyday use.

A tenant may exist evicted if the tenant, a guest or another person living in the rental unit of measurement:

• causes impairment to the rental property and the tenant does not repair or replace the damaged property or pay for it
• willfully causes impairment to the unit or the building
• uses the rental belongings for something other than residential use that could cause serious harm. For instance, if the tenant makes structural and electric changes to the rental unit of measurement to build a greenhouse for growing hydroponic vegetables.

What a Landlord Tin can Do When There'south a Problem

Inform the tenant of the trouble

If the tenant has not kept the unit clean to the point that it's a safety or health adventure or the tenant has damaged the rental holding, the first affair the landlord should do is ask the tenant to correct the problem.

Give the tenant a notice to end the tenancy

If the tenant does not correct the trouble, the landlord may give the tenant a notice to end the tenancy. A notice to end a tenancy must be in writing and in a grade approved by the LTB. At that place are dissimilar forms for dissimilar reasons. These notices are available at tribunalsontario.ca/ltb/forms.

Apply to the LTB for damages and/or eviction

A landlord can utilise to the LTB for:

• an order evicting the tenant (if the landlord has served the tenant with a notice of termination)
• an order requiring the tenant to pay costs for repairing or replacing property that was damaged by the tenant, their invitee or some other occupant of the rental unit
• both of these things

When the application is filed, a hearing will be scheduled. The tenant will have the right to nourish the hearing to explain why they disagree with the awarding.

Support the application

The landlord should bring three copies of whatsoever evidence they have with them to the hearing. Some items that could serve as evidence to support an awarding based on impairment or an extremely unclean unit are:

• Printed pictures of the impairment or the state of the unit
• Copies of any written correspondence between the landlord and the tenant, such as letters and notices of termination
• Written quotes from licensed contractors for the price of repairing the damage or cleaning the unit of measurement
• Receipts for money the landlord spent to repair damage to the rental property

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Contact the Landlord and Tenant Lath

Telephone call us:
Cost free: 1-888-332-3234
Toronto expanse: 416-645-8080
TTY: Bell Relay Service at 1-800-268-9242

Visit our website at tribunalsontario.ca/ltb
Visit your local LTB office. For office locations visit our website.

Concluding updated: July 2022

Source: https://tribunalsontario.ca/documents/ltb/Brochures/Maintenance%20and%20Repairs%20(EN).html

Posted by: mullinspriont.blogspot.com

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