Maintenance Neglect

What the Law Says

RTA s.20 is the foundation of tenant rights in Ontario. It establishes an absolute obligation for landlords to maintain residential units.

RTA s.20(1): "A landlord shall not rent a residential unit unless the unit is fit for human habitation and the landlord shall maintain the unit in a state of good repair."

RTA s.20(2): "The landlord shall not rent a residential unit in a manner that is unconscionable having regard to the health, safety and welfare of the occupant. This is an obligation that cannot be waived by a tenant."

What this means: You cannot agree to live in a substandard unit or waive your right to repairs. The lease cannot override s.20. Even if the landlord claims "as-is" or "you knew about it," repairs remain their obligation.

What Landlord Must Maintain

Structural Elements

• Walls, ceilings, floors (no holes, no water damage)
• Doors and locks (functional, secure)
• Windows and frames (no broken glass, seals intact)
• Roof (no leaks into unit)
• Foundation (no cracks affecting livability)

Heating and Water

• Heat: Minimum 20°C from September 1 to June 15, even if tenant hasn't moved in
• Hot water: Supplied 24/7 at adequate temperature
• Cold water: Potable, available 24/7
• Plumbing: No leaks, functional fixtures, working toilet

Electrical and Safety

• Electrical wiring: Safe, not a fire hazard
• Smoke and carbon monoxide detectors: Working
• Fire exits: Clear and accessible
• Lighting: At least one working light fixture per room

Health and Safety

• No mold or mildew (a serious health hazard)
• No pest infestations (rodents, cockroaches, bed bugs)
• No asbestos or lead paint hazards (if older building)
• Adequate ventilation (no condensation buildup)
• No toxic substances or unsafe conditions

Common Areas and Appliances

If the unit has shared areas (hallways, laundry, parking):

• Common areas must be clean, lit, and safe
• If a unit is supplied with appliances (fridge, stove, dishwasher), they must be functional. Landlord must repair or replace.
• If air conditioning is provided and breaks, it must be repaired (though A/C is not always required)

Emergency vs Non-Emergency Repairs

Emergency Repairs (Urgent)

These affect health, safety, or basic habitability. Landlord must respond quickly:

• No heat in winter
• No hot water
• Electrical fire hazard
• Major water leak or flooding
• No door lock (security hazard)
• Severe mold
• Active pest infestation
• Broken stairs or handrails
• Gas leak

For emergency repairs, if the landlord does not respond within 24-48 hours, you may hire someone and deduct the cost from rent (RTA s.30) or contact municipal inspectors for an emergency order.

Non-Emergency Repairs

These still must be repaired but are not immediate threats:

• Cosmetic paint peeling
• Loose door handle
• Dripping faucet
• Missing grout in tile
• Weatherstripping needed

The landlord should complete these within a reasonable timeframe, typically within 2-4 weeks. If not, file a T6.

Documenting Maintenance Issues

Written Request

Always request repairs in writing. Do not rely on verbal requests.

• Email is best (creates a timestamped record)
• Text message works if you include all details
• Certified mail or hand-delivered letter with signature
• Include: Date, what is broken, how it affects you

Photographic Evidence

Take photos/videos showing:

• Mold and discoloration (multiple angles)
• Water stains or damage
• Broken fixtures or gaps
• Pest droppings or evidence
• Temperature readings (if no heat)

Temperature Logs

If heat is the issue, document daily temperatures:

• Use a thermometer to record room temperature
• Record at the same time each day
• Note how many layers of clothing you need
• Document any health effects (illness, worsening asthma)

Communications Log

Keep a journal of:

• When you reported the issue (date, method)
• Landlord's response (or lack thereof)
• Follow-up requests
• Promises to repair (and when broken)
• Your communication attempts (visits, calls, emails)

Inspector or Inspection Reports

If you get a municipal inspection (e.g., property standards), save:

• Inspection report with findings
• Orders issued to the landlord
• Proof the landlord received the order

Filing T6 Application

What is a T6?

A T6 (Tenant Application regarding Substantial Performance) is filed when a landlord has not maintained the unit under RTA s.20. The LTB will determine if the unit is below the legal standard and order remedies.

How to File

1. Get the form: Download T6 from Ontario.ca/ltb
2. Fill out: Describe the repairs needed, dates, how you requested them, impact on you
3. Attach evidence: Photos, emails, inspection reports, temperature logs
4. File with LTB: Pay the filing fee (currently $45.50 for most tenants, free if financial hardship)
5. Serve landlord: Send a copy to landlord by email, mail, or hand delivery

Timing

You can file a T6 at any time while the maintenance issue exists. The LTB will schedule a hearing, usually within 2-6 weeks.

At the Hearing

Attend with your evidence. Be prepared to:

• Explain what is broken and for how long
• Show photos and documents
• Describe the impact on your health and safety
• Explain what you want (repair, abatement, etc.)

Rent Abatement

What is Rent Abatement?

Rent abatement is a reduction in rent proportional to the period during which the unit was uninhabitable or substandard. If a unit was 40% uninhabitable for 2 months, you get 40% of 2 months' rent back.

How Much Can You Get?

The LTB will assess:

• Severity: How bad was the problem? No heat = likely 50-100% abatement. Cosmetic issues = 5-15%
• Duration: How long did it persist?
• Impact: Did it affect your health, sleep, work?
• Mitigation: Did you try to minimize the impact (e.g., buying a space heater)?

Examples

• No heat for 3 weeks: 75-100% abatement (roughly 1 week's rent)
• Mold in bedroom for 2 months: 40-60% abatement
• Leaking ceiling for 4 months: 20-50% abatement (depending on where and if it got worse)
• Missing grout in one tile: Minimal or no abatement

How to Recover Abatement

The LTB will order the landlord to pay you. The landlord can be ordered to pay:

• Directly to you by a certain date
• As a credit against rent (landlord stops collecting for that period)
• As a lump sum retroactively (if the issue is now fixed)

Municipal Bylaw Complaints

What is a Municipal Complaint?

Cities and municipalities enforce property standards bylaws. If a landlord fails to maintain, you can complain to the city, which will send an inspector and issue orders (at no cost to you).

How to File (Example: Toronto)

1. Call 311 (or your city's non-emergency line) or visit the city website
2. Describe the maintenance issue (e.g., "mold in master bedroom")
3. Schedule an inspection. Inspectors will arrange a time to visit the unit.
4. Inspector will issue a report and a compliance order to the landlord
5. Landlord has a deadline (typically 30-60 days) to fix or appeal

Benefits of a Municipal Complaint

• Creates official documentation of the problem
• Landlord faces fines if they ignore the order
• Evidence for your T6 application at the LTB
• Often motivates landlord to actually fix things
• No cost to you

Retaliation Protection

Your landlord cannot retaliate against you for filing a municipal complaint. RTA s.29 protects you from:

• Eviction
• Rent increases
• Reduction in services
• Harassment

If landlord retaliates within 6 months of your complaint, it's presumed to be retaliation, and you can file a T2 at the LTB.

Key Statutes

• RTA s.20: Landlord must maintain unit in good repair and fit for human habitation
• RTA s.21: Landlord must not withhold services
• RTA s.29: Tenant is protected from retaliation for exercising rights
• RTA s.30: Tenant can make emergency repairs and deduct cost from rent
• RTA s.82: Criteria for repair and maintenance remedies at LTB
• O. Reg 517/06: Defines "good repair" in detail