The Situation
It's December, and your unit's heating is broken. The thermostat reads 55 degrees. It's freezing. Your landlord is nowhere to be found.
You called on December 1st. "We're on it," they said. December 10th: still no repair. You're wearing a winter coat indoors. You're paying full rent for an unheated unit. Your landlord has stopped responding to your calls.
What now? You know you shouldn't just not pay rent. But you also know your landlord has a legal duty to provide heat. Where do you draw the line?
This walkthrough shows you the right way to escalate—from written requests to municipal inspection to filing a T6 claim for rent abatement.
Putting It in Writing
Your landlord's legal obligation is clear: RTA s.20 requires them to keep the unit in a good state of repair. Heating is non-negotiable.
Your First Written Request (Email)
Subject: Urgent: Heating Not Working - Unit [Your Address]
Dear [Landlord Name],
I am writing to formally request urgent repair of the heating system in the rental unit at [address]. The heating has been non-functional since [date], and the indoor temperature is approximately 55 degrees Fahrenheit.
Pursuant to RTA s.20, you have a duty to keep this unit in good state of repair and in compliance with health and safety codes. The absence of heat violates this obligation and makes the unit unsuitable for habitation during winter.
I require that this repair be completed within 48 hours. Please confirm receipt of this email and provide a date and time for the repair.
If this repair is not completed within 48 hours, I will contact municipal authorities and/or file a T6 application at the Landlord and Tenant Board.
Sincerely,
[Your Name]
Send by email for a time-stamped record. Keep screenshots or copies.
Why Written Requests Matter
Written requests create evidence. If you later file a T6 application, you need to show the LTB that you formally requested the repair and your landlord ignored it. Phone calls don't count—write it down.
Following Up
If your landlord doesn't respond within 48 hours, send a second (registered) letter. This shows you've given them a fair chance and are escalating appropriately.
Follow-Up (After 48 Hours of No Response)
Send a second email, copying your previous message:
Subject: URGENT: Follow-Up — Heating Repair Required [Address]
Dear [Landlord Name],
As of [current date], I have not received a response to my email of [date] requesting urgent repair of the heating system. The unit remains without heat, and the situation is now 10+ days old with no action.
I am now escalating this matter. I will be: (1) contacting municipal bylaw enforcement on [date], and (2) filing a T6 application with the Landlord and Tenant Board within 7 days if this repair is not scheduled and completed.
Please contact me immediately at [phone number] or reply to this email.
Sincerely,
[Your Name]
Do NOT Stop Paying Rent
Even though your landlord is breaking the law, do not stop paying rent. Withholding rent gives your landlord ammunition to claim you're in breach. Instead, pay your full rent and document it, then later claim an abatement for the period when the unit was uninhabitable.
Calling Municipal Bylaw (311)
If your landlord continues to ignore the repair, call Toronto's 311 Service (or your municipality's equivalent) to report a property standards violation.
How to Call 311
(Note: This applies to Toronto. Other municipalities have different processes—search "[Your City] property standards" online.)
- Call 311 from a phone in Toronto, or (416) 392-8100 from outside
- Say: "Property standards complaint" or "Rental property standards violation"
- Provide the address and describe the issue: "No heating in December"
- Give your contact information (they'll call you back)
- Ask if they can schedule a municipal inspection
What Happens Next
A municipal inspector will contact you and may:
- Schedule an inspection of the unit
- Confirm that heating is missing or inadequate
- Issue an order to the landlord to comply with property standards by a specific date
- Fine the landlord if they don't comply
This creates an official record that strengthens your T6 claim.
Pro Tip
The municipal inspection is separate from the LTB process, but it helps your case. If a municipal inspector confirms the heating is broken, the LTB will give that significant weight when you file T6.
Filing T6: Breach of Maintenance
After you've followed up and called municipal bylaw, file a T6 application with the LTB. This is your formal claim that your landlord has breached RTA s.20.
What to Include in Your T6 Application
Provide details:
- When the heat stopped: December 1, 2024
- How you reported it: Phone call December 1st (approximate time), follow-up email December 10th
- What the temperature is: ~55 degrees (provide photos or thermometer readings if available)
- Days without heat: From December 1 to [current date] = [X] days
- Municipal complaint: Reported to 311 on [date]; municipal reference number [if available]
- What you're asking for: Repair order + rent abatement for the period without heat
Evidence to Attach
- Your written emails requesting repair
- Proof of when you sent them (timestamps, screenshots)
- Photos of the thermostat showing low temperature
- Photos of you wearing heavy clothing indoors (optional but illustrative)
- Municipal inspection report (if available)
- Correspondence with 311
- Lease or tenancy agreement
- Rent payment records
The Hearing
At the hearing, the adjudicator will likely focus on: 1) Is there a heating system? 2) Is it broken? 3) Has the landlord repaired it? 4) How long has this gone on?
In your case, the answers are clear. This should be a straightforward win for you.
Getting Rent Back
If the LTB finds that your landlord breached RTA s.20 by failing to provide heat, you're entitled to an abatement—a percentage reduction of your rent for the period without heat.
How Abatement Works
The LTB will determine what percentage of your rent to abate based on:
- Seriousness of the breach (no heating = major)
- Duration (how many days/weeks without heat)
- Impact on habitability
Example Calculation
If your rent is $1,500/month and you had no heat for 30 days:
- No heat = 30-50% of rent is abated (depending on circumstances)
- At 40% abatement: 40% × $1,500 = $600 back to you
(Abatement percentages vary by case; the LTB decides based on the severity.)
Important: Repair Order vs. Abatement
The LTB may also order your landlord to:
- Complete repairs by a specific date
- Submit proof of repair (invoice from contractor)
- Allow a municipal inspection to verify
If your landlord doesn't repair by the deadline, you can file a follow-up application for additional compensation.
Key Takeaways
- Always make written requests for repairs. Keep emails and send registered mail.
- If landlord ignores you, call municipal bylaw (311).
- File T6 within a reasonable time (days to weeks, not months).
- Continue paying rent; claim abatement through the LTB, not by self-help.
- Prepare to show the LTB your documentation, photos, and timeline.
- If landlord still doesn't repair after the hearing, you can file again.