Maintenance Responsibilities Clause: Who Fixes What?

A maintenance clause defines who is responsible for keeping the unit in good repair. In Ontario, landlords carry a significant legal obligation — and many leases try to shift those responsibilities to tenants in ways that are not enforceable.

The Landlord's Maintenance Obligations

Under the Residential Tenancies Act, 2006, every landlord in Ontario has a non-negotiable duty to maintain their rental property. This obligation cannot be contracted away — even if your lease says otherwise.

Maintain the unit in a good state of repair, fit for habitation, at all times.
Comply with all health, safety, housing, and maintenance standards.
Repair damage not caused by the tenant, even if it was present before the tenancy began.
Ensure heating systems work and provide heat to at least 20°C (68°F) from September 1 to June 15.
Keep common areas (hallways, laundry, parking) clean and safe.
Ensure the unit is free of pests and mould.

The Tenant's Maintenance Obligations

Tenants also have maintenance responsibilities, but they are more limited:

Keep the unit clean, to the standard it was in when first occupied.
Repair any damage you, your guests, or your pets cause.
Not interfere with the reasonable enjoyment of other tenants.
Notify the landlord promptly when repairs are needed.
Not perform work on the unit without the landlord's consent.

What If Your Landlord Won't Make Repairs?

If your landlord is not maintaining the unit, you have options:

Document the issue in writing (email, text) and give the landlord a reasonable deadline.
File a T6 — Tenant Application about Maintenance with the Landlord and Tenant Board.
Contact your local municipality's property standards department for inspections.
In severe cases (no heat, pest infestation, water damage), contact Legal Aid Ontario.

Red Flags in Maintenance Clauses

Clause shifts landlord maintenance duties onto the tenant (e.g., “tenant responsible for all repairs”)
Lease requires tenant to pay for repairs above a set dollar threshold — these may be unenforceable
No clear process for submitting maintenance requests
Clause makes tenant responsible for appliances the landlord owns
Clause waives landlord liability for injury from deferred maintenance
Lease says repairs will be addressed “at landlord’s discretion”

Questions to Ask Your Landlord

→How do I submit maintenance requests — in writing, via email, or through a portal?
→What is your typical response time for urgent repairs (e.g., no heat, water damage)?
→Are the appliances included in the unit covered under your maintenance obligations?
→If you cannot complete a repair within a reasonable time, what remedies are available to me?