Repairs Clause in a Lease: Landlord vs. Tenant Responsibilities
A repairs clause in your lease sets out who is responsible for maintaining the unit. In Ontario, the law draws a clear line — and some common lease clauses attempt to shift more responsibilities onto tenants than the law allows.
What Does the Repairs Clause Say?
A standard Ontario residential lease distinguishes between the landlord's maintenance obligations and the tenant's cleanliness obligations. Typical lease language requires tenants to:
- Keep the unit in an ordinary state of cleanliness
- Repair or pay for repair of damage caused by the tenant, their guests, or their occupants (beyond normal wear and tear)
- Not make alterations without the landlord's consent
- Dispose of garbage in a reasonable way according to municipal requirements
Beyond these tenant obligations, everything else — structural repairs, mechanical systems (heating, plumbing), appliances provided by the landlord, windows, roofs, and common areas — is the landlord's responsibility. Many leases include additional clauses that attempt to expand tenant responsibilities beyond these limits. Whether those clauses are enforceable depends on the RTA.
Your Rights Under Ontario RTA for Repairs
Section 20 of the Residential Tenancies Act, 2006 is the cornerstone of tenant repair rights in Ontario. It states:
“A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.”
— Residential Tenancies Act, 2006, s. 20(1)
Critically, this obligation applies regardless of what the lease says. Even if the lease purports to make the tenant responsible for all repairs, the landlord still has a legal duty under s. 20.
If your landlord fails to carry out necessary repairs, you can apply to the LTB using Form T6 (Tenant Application about Maintenance). The LTB can:
- Order the landlord to carry out specific repairs within a set timeframe
- Order a reduction in rent (abatement) reflecting the diminished value of the unit due to disrepair
- Award the tenant compensation for costs incurred as a result of the landlord's failure to repair
- Authorize the tenant to arrange for repairs and deduct costs from rent (in limited circumstances)
How to Request Repairs: Step by Step
- 1
Document the issue
Photograph or video the problem with a timestamp. Note when you first noticed it.
- 2
Send a written repair request
Email or written letter to your landlord detailing the issue and requesting repair within a reasonable timeframe (7-14 days for non-urgent issues; 24 hours for urgent ones like heating or plumbing).
- 3
Follow up in writing
If no response or action within the requested timeframe, send a follow-up. Keep all correspondence.
- 4
File a T6 application with the LTB
Use Form T6 (Tenant Application about Maintenance) if your landlord continues to ignore the issue. The LTB can order repairs and award rent abatement.
- 5
Contact municipal bylaw enforcement
Your local municipality has property standards bylaws. A bylaw officer can inspect and order repairs — sometimes faster than the LTB process.
Red Flags in Repair Clauses
Clause requiring tenant to pay for all repairs regardless of cause
Some leases attempt to make the tenant responsible for any and all repairs to the unit. This is unenforceable in Ontario — the landlord's obligation under s. 20 RTA cannot be contracted away.
Clause waiving the landlord's duty to repair
Any clause that says the tenant 'accepts the premises as-is' and waives the landlord's maintenance obligations is void under the RTA. The landlord's duty to maintain the unit in a good state of repair exists regardless of what the lease says.
Unreasonable notification requirements
Some leases require tenants to give written notice within an unrealistically short window (e.g., 24 hours) of any issue arising, failing which the tenant loses their right to request a repair. These clauses may be unenforceable as they effectively strip tenants of their RTA rights.
Clause making the tenant responsible for appliance maintenance
If appliances were provided by the landlord as part of the tenancy (fridge, stove, dishwasher), the landlord is responsible for keeping them in good working order. A clause requiring the tenant to service or replace the landlord's appliances is concerning.