Tenant Rights for Repairs and Maintenance in Ontario
Ontario law gives tenants strong rights when landlords fail to maintain rental properties. Whether it's a broken furnace, a leaking roof, or persistent mould, you have remedies — including a rent reduction. Here's how to use them.
The Landlord's Non-Waivable Duty to Repair (RTA s. 20)
Section 20 of the Residential Tenancies Act, 2006 imposes a broad and non-waivable obligation on landlords to maintain rental units:
“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)
This duty applies regardless of what the lease says. A lease clause cannot waive the landlord's maintenance obligation, and a landlord cannot make a tenant contractually responsible for all repairs. These are non-negotiable statutory rights — the RTA explicitly states that any agreement to waive or vary these protections is void.
Critically, the duty applies even if the problem existed before the tenancy began. If you moved into a unit with a broken furnace or a mould problem and the landlord knew about it, you can still file a T6 application.
The landlord's repair obligations include:
- Maintain the unit in a good state of repair — this includes the structure, roof, walls, floors, windows, and doors
- Ensure the unit is fit for habitation at all times during the tenancy
- Comply with all applicable health, safety, housing, and maintenance standards (municipal property standards bylaws, building codes)
- Maintain common areas such as hallways, elevators, laundry rooms, and parking in a good state of repair
- Maintain all appliances and systems that were provided as part of the tenancy (furnaces, water heaters, fridge, stove, etc.)
- Perform repairs promptly and without requiring the tenant to waive any rights
The Tenant Repair Request Process
Following the right steps protects you legally and creates the documentation you need if you eventually file an LTB application. Each step builds your record:
Step 1: Submit a written repair request
Email is ideal — it automatically timestamps your message and creates an undeniable record. State the problem precisely (e.g., 'the furnace has not produced heat since December 3rd'), note whether it is an emergency, and request repair within a specific timeframe. Keep a copy of everything you send.
Step 2: Wait a reasonable time based on urgency
Emergencies (no heat in winter, sewage backup, gas leak) require a response within hours. Urgent issues (no hot water, broken exterior lock) should be addressed within 24–48 hours. Non-urgent repairs (dripping faucet, cracked tile) allow the landlord a few weeks. If the landlord does not respond within the appropriate window, you can escalate.
Step 3: Follow up in writing if ignored
Send a second written message noting the date of your original request, that the problem remains unresolved, and that you are considering filing an LTB application if repairs are not made promptly. This letter can be introduced as evidence at a hearing.
Step 4: Contact municipal property standards (optional but useful)
Your local municipality's bylaw enforcement office can inspect the unit and issue a formal compliance order. This is often faster than the LTB for physical defects. A property standards officer's inspection report is powerful evidence at an LTB hearing.
Step 5: File a T6 application with the LTB
Form T6 (Tenant Application about Maintenance) is the primary remedy. You have up to one year from when you first learned of the issue to file. The LTB can order repairs, award a rent abatement, and compensate you for out-of-pocket costs. Filing fee is $186 online ($201 in person).
Emergency, Urgent, and Non-Urgent Repairs
The appropriate response time depends on the nature of the problem. Ontario courts and the LTB assess “reasonable time” based on the severity of the issue and its impact on habitability:
Emergency (respond within hours)
- No heat when outdoor temperature is below 0°C or when indoor temperature falls below 20°C during heating season (September 1 to June 15)
- Sewage backup or sewage odour inside the unit
- Gas leak or suspected gas leak
- Complete loss of electricity
- Structural failure (ceiling collapse, floor giving way)
Urgent (respond within 24–48 hours)
- No hot water
- Broken exterior door lock or window lock on a ground-floor unit
- Refrigerator failure (food spoilage risk)
- Flooding or significant water leak
- Loss of elevator service in a building with elderly or disabled tenants
Non-urgent (respond within a few weeks)
- Dripping faucets
- Minor cosmetic damage (peeling paint, cracked tile)
- Interior door lock malfunction
- Non-structural cracks in walls
- Appliance malfunction (where unit is otherwise habitable)
T6 Application: What You Can Claim
Form T6 — Tenant Application about Maintenance — is filed at the Landlord and Tenant Board. It covers any failure by the landlord to maintain the unit or residential complex in a good state of repair.
Filing Details
Filing Fee
$186 online / $201 in person
Time Limit
1 year from discovery
Where to File
tribunalsontario.ca/ltb
The LTB can award the following remedies on a T6 application:
- Work order: The LTB orders the landlord to make specific repairs within a defined timeline.
- Rent abatement: A retroactive reduction in rent for the period the unit was in disrepair. Can be up to 100% for uninhabitable conditions.
- Compensation: Reimbursement for documented out-of-pocket costs caused by the maintenance failure (e.g., temporary accommodation, ruined belongings, space heaters).
- Administrative fine: The LTB can impose a fine payable to the Crown (not the tenant) if the landlord's conduct was particularly egregious.
Rent Abatement: Typical Amounts
One of the most powerful remedies available to Ontario tenants is a rent abatement — a formal reduction in the rent you owe, reflecting the reduced value of the unit during periods of disrepair.
- The LTB can award a rent abatement — a formal reduction in rent — to compensate for periods when the unit was not properly maintained
- Minor issues (e.g., dripping faucet, malfunctioning appliance): typically 5–15% of monthly rent
- Serious issues (no heat in winter, severe mold, significant pest infestation): typically 25–50% of monthly rent
- Uninhabitable conditions (sewage backup, major flooding, structural collapse): up to 100% of monthly rent for the affected period
- Abatements cover past periods, not just future periods — you can recover for months you already paid full rent while the unit was in disrepair
- The LTB can also order compensation for documented out-of-pocket costs: temporary accommodation, ruined belongings, space heaters purchased because of a broken furnace
Example: If your furnace was broken for 2 months in winter and the landlord failed to repair it despite written requests, the LTB might award a 25–40% rent abatement for those 2 months, plus any documented additional heating costs you incurred (e.g., space heaters). At $2,000/month rent, that could be $1,000–$1,600 back in your pocket.
No “Repair and Deduct” in Ontario
Do not withhold rent or self-repair without authorization
Withholding rent is NOT recommended without legal advice. If you stop paying rent, your landlord can serve an N4 (Notice to End Tenancy for Non-Payment of Rent) and apply to the LTB for eviction — even if there are legitimate maintenance issues.
A better approach is to pay rent into trust and file the T6 application simultaneously — but even this approach has risks and should be discussed with a tenant duty counsel or legal clinic before you act.
Never pay for repairs yourself and deduct the cost from rent without explicit LTB authorization. Doing so gives the landlord grounds to serve an N4.
Unlike some US states, Ontario does not have a “repair and deduct” remedy that lets tenants make repairs and subtract the cost from rent. In Ontario, the proper path is the LTB. Filing a T6 application puts the decision in a neutral adjudicator's hands and protects you from eviction for non-payment while the issue is resolved.
Mould and Health Hazards
Mould in a rental unit is a health hazard and a maintenance failure. Landlords are required to remediate mould — not just paint over it. If your landlord fails to address mould, you have two complementary paths:
- File with municipal property standards: Your city's bylaw enforcement office can order the landlord to remediate mould and correct the moisture source. This is often the fastest path for serious health hazards.
- File a T6 at the LTB: The LTB can order remediation and award rent abatement for the period you lived in a mould-affected unit.
- Contact your local public health unit: If mould is causing health symptoms, your local health unit can inspect and may refer the matter to bylaw enforcement, strengthening your case.
Document the mould: Take clear photographs, note when you first observed it and any related health symptoms, and keep all correspondence with the landlord. LTB adjudicators take mould seriously — significant abatements have been awarded for persistent mould that the landlord failed to address.
Pest Infestations
Responsibility for pest control depends on the cause:
Landlord's responsibility
- Infestations caused by structural deficiencies (gaps in walls, inadequate sealing)
- Cockroach, mouse, or rat infestations in a multi-unit building
- Bed bug infestations — landlord must treat entire building if the infestation is systemic, not just the affected unit
Tenant's responsibility
- Infestations caused by the tenant's conduct (hoarding, leaving food uncovered, poor sanitation)
- Bringing bed-bug-infested furniture into the unit
- Failure to cooperate with landlord-arranged pest treatment (tenant must allow access)
When responsibility is disputed, the LTB will look at the evidence of the cause. A building-wide infestation strongly suggests structural causes that are the landlord's responsibility, even if the initial source was a tenant.
Repair Rights in Other Provinces
While this page focuses on Ontario, tenants in other provinces have similar — though not identical — repair protections:
British Columbia
Residential Tenancy Act (BC), s. 32Filed with: Residential Tenancy Branch (RTB)
Landlords must maintain premises in a state of repair suitable for occupation. Tenants can apply to the RTB for Dispute Resolution within 2 years of the event. RTB can order repairs and compensation.
Alberta
Residential Tenancies Act (AB), s. 16Filed with: Residential Tenancy Dispute Resolution Service (RTDRS) or Court of King's Bench
Landlords must keep the premises in reasonably good repair and comply with health and safety standards. Tenants can apply to RTDRS; remedies include rent reduction and compensation.
Quebec
Civil Code of Quebec, art. 1854Filed with: Tribunal administratif du logement (TAL)
The landlord must deliver the dwelling in a good state of repair in all respects and maintain it throughout the lease. Tenants apply to the TAL. Remedies include work orders, rent reduction, and resiliation of the lease.