What Are a Tenant’s Rights When a Landlord Fails to Make Repairs?
In Ontario, tenants are granted a number of rights under landlord-tenant law, particularly when it comes to the condition of their rental unit. One of the key aspects of these rights is the obligation landlords have to maintain their properties in a state that is safe and habitable. At Morris Legal Services in North York, Ontario, we’re here to help tenants understand their rights.
However, situations often arise where landlords neglect their duty to make necessary repairs. In these instances, tenants have legal recourse to check that their living conditions meet the minimum standards outlined by the law. By working with our firm, you’ll learn what rights tenants have when a landlord fails to make repairs and how you can take action to protect themselves.
Tenant Rights Under Landlord-Tenant Law in Ontario
Under the Residential Tenancies Act (RTA) in Ontario, landlords are required to provide rental properties that are fit for habitation and properly maintained. This includes making repairs to issues that impact the safety, health, or comfort of the tenants.
Some of these issues may include broken heating systems, plumbing problems, electrical failures, and pest infestations. The RTA lays out both the tenant’s and the landlord’s obligations regarding property maintenance. Landlord-tenant law in Ontario stipulates that landlords must provide the premises in a good state of repair.
If the condition of the rental unit deteriorates to the point where it no longer meets basic living standards, tenants have the right to request repairs. If these requests go unaddressed, tenants have several courses of action they can pursue to compel their landlord to make the necessary changes.
A Tenant’s Right to a Habitable Dwelling
A key principle of landlord-tenant law is that tenants are entitled to a habitable dwelling, meaning that the property should be free from serious defects that may endanger their health or safety. For example, a landlord cannot rent out a unit with issues such as a non-functional toilet, lack of running water, or exposed electrical wiring.
These problems are considered breaches of the landlord’s responsibilities under the Residential Tenancies Act. It’s important to note that the tenant’s right to a habitable dwelling isn’t limited to just significant issues like broken appliances or plumbing problems.
Even smaller issues that make the unit uncomfortable or inconvenient for tenants can, in some cases, be grounds for requesting repairs. For instance, persistent mold problems, lack of heat during winter, or broken windows that let in drafts could all affect a tenant’s ability to live comfortably.
If a tenant believes that their landlord is neglecting their repair duties, they can take the following steps:
Notify the Landlord: Tenants must inform the landlord of the issue in writing. This creates a record of the request and allows the landlord a reasonable period to respond.
Allow Access for Repairs: Tenants are generally required to allow landlords or their representatives access to the rental unit to carry out repairs. The landlord must give reasonable notice before entering, typically 24 hours.
Follow-Up: If repairs aren’t made within a reasonable time, tenants may follow up with the landlord to remind them of their obligations.
Steps to Take When Repairs Are Not Made
If a landlord fails to make repairs after being notified, tenants have several options available to them. Landlord-tenant law in Ontario provides remedies for tenants facing unaddressed maintenance issues.
1. Contact the Landlord Again
The first step is always to contact the landlord in writing, reiterating the issue and requesting that it be fixed. A polite but firm reminder might help resolve the problem before further action is necessary. The more formal the communication, the better. This includes sending a letter or email that provides a clear description of the issue and requests an immediate remedy.
2. File a Complaint With the Ontario Rental Housing Enforcement
If a landlord continues to neglect their duty, tenants can file a complaint with the Ontario Rental Housing Enforcement through the Landlord and Tenant Board (LTB). The LTB can issue orders to landlords, compelling them to complete repairs. Tenants should keep a record of all correspondence and evidence, including photos or video footage, to support their case.
3. Request Rent Reduction or Compensation
In certain circumstances, tenants may be entitled to a rent reduction if the landlord fails to make necessary repairs. This is particularly true if the condition of the unit affects the tenant’s ability to fully enjoy the property.
For example, if a tenant cannot use a part of their unit, such as a broken bathroom, they may be entitled to compensation for the inconvenience or discomfort caused by the issue.
Under landlord-tenant law, tenants can ask for a rent reduction proportional to the part of the unit or the services that are unavailable due to the failure of the landlord to maintain the property.
4. Repair and Deduct
Ontario’s landlord-tenant law allows tenants to take matters into their own hands in extreme cases. If a landlord refuses or fails to make repairs within a reasonable time, tenants may have the option to carry out the repair themselves and deduct the cost from their rent. However, before doing this, tenants should be sure that:
The repairs are necessary and reasonable.
The cost of the repairs is fair and documented.
The landlord was properly informed of the issue.
Tenants should never make major structural repairs without consulting the landlord or getting legal advice. If a tenant decides to go this route, they should keep all receipts, documentation, and photographs of the repairs made.
Legal Action From Landlord and Tenant Board
If the situation cannot be resolved through communication or informal means, tenants may need to pursue legal action. The Landlord and Tenant Board (LTB) plays a critical role in resolving disputes between landlords and tenants.
It’s a quasi-judicial body that hears cases and makes decisions based on landlord-tenant law. To file a case with the LTB, a tenant must submit an application, providing a clear explanation of the repair issues and what steps have been taken to address them.
The LTB will schedule a hearing, where both parties can present their case. If the board rules in favor of the tenant, they may issue an order requiring the landlord to make repairs, reduce rent, or provide compensation.
When to Seek Legal Advice
In some cases, it may be necessary to seek legal advice to fully understand a tenant's rights and the options available to them. A legal professional who‘s familiar with landlord-tenant law can help a tenant assess their situation and provide guidance on how to proceed.
In Ontario, several organizations offer free or low-cost legal assistance to tenants, including the Ontario Tenant Hotline and Community Legal Clinics.
Know Your Rights
Tenants in Ontario have significant rights under landlord-tenant law, especially when it comes to the habitability of their rental unit. When a landlord fails to make repairs, tenants aren’t without recourse. They can file complaints, request rent reductions, or even take matters into their own hands in certain circumstances.
However, tenants should always be aware of their rights and follow the appropriate steps to make sure they’re protected. If all else fails, they can turn to the Landlord and Tenant Board for a resolution. The key takeaway is that the relationship between tenants and landlords is governed by clear rules designed to protect both parties.
Landlords have an obligation to maintain the property, and tenants have the right to live in a safe and comfortable environment. By understanding these rights and taking the necessary steps, tenants can hold landlords accountable for their obligations under landlord-tenant law.
Enlist Experienced Legal Counsel Today
If you’re looking for a lawyer who can represent you during a dispute regarding landlord-tenant law, we can help. Our firm provides qualified legal representation to clients in North York, Ontario, and the surrounding areas. Contact us today, and let Morris Legal Services protect your rights as a tenant.
