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Repairs and Maintenance: A Renter's Rights in Canada

By Recording Law Editorial Team9 min read
Repairs and Maintenance: A Renter's Rights in Canada

Frequently Asked Questions

What must a landlord fix in a rental unit in Canada?

In every province and territory, a landlord must keep the rental unit and the building in a good state of repair, fit for habitation, and compliant with the health, safety and housing standards that apply where you live, such as under section 20 of Ontario's Residential Tenancies Act, 2006 or section 32 of British Columbia's Residential Tenancy Act. In Quebec, the equivalent duty comes from articles 1854 and 1910 of the Civil Code of Quebec.

Can I stop paying rent if my landlord will not make repairs?

Generally no. Withholding rent on your own is not a recognized remedy in most of Canada and can be used as grounds for an eviction application for non-payment of rent. Apply to your provincial or territorial tenancy tribunal for a repair order and a rent abatement instead. British Columbia and Quebec allow a narrow, conditions-based deduction only after specific emergency or urgent-repair steps have been followed.

What counts as an emergency repair?

An emergency repair is one needed for health or safety or to preserve the property, such as a total loss of heat, a major water leak, no running water, or a broken exterior lock. British Columbia's Residential Tenancy Act requires a tenant to try at least twice to reach the landlord's emergency contact before arranging the repair directly and seeking reimbursement, and other provinces apply similar urgency standards, often expecting a response within about a day for a genuine emergency.

How do I document a repair request?

Tell the landlord about the problem in writing, by letter, email or a maintenance request form, and keep a copy with the date. Add photos or video and a simple log of when the problem began, when you reported it and any response you received. Tribunals such as Ontario's Landlord and Tenant Board expect this kind of written record before hearing a maintenance application.

What can the tenancy tribunal do if my landlord ignores repair requests?

Most provincial and territorial tribunals, such as Ontario's Landlord and Tenant Board, British Columbia's Residential Tenancy Branch, Alberta's Residential Tenancy Dispute Resolution Service, or Quebec's Tribunal administratif du logement, can order the landlord to complete repairs by a set date and can order a rent abatement for the period the problem went unresolved. In serious cases involving unfit housing, a tribunal can also allow the tenant to end the tenancy. Municipal bylaw or property standards enforcement is a separate route that can run alongside a tribunal application.

Sources and References

  1. Residential Tenancies Act, 2006, SO 2006, c 17, s 20 (landlord's maintenance obligations)(ontario.ca).gov
  2. Residential Tenancies Act, 2006, SO 2006, c 17, s 21 (vital services)(ontario.ca).gov
  3. Tribunals Ontario, Landlord and Tenant Board: Brochure, Maintenance and Repairs(tribunalsontario.ca).gov
  4. Residential Tenancy Act, SBC 2002, c 78, ss 32-33 (British Columbia, repair and emergency repair obligations)(bclaws.gov.bc.ca).gov
  5. Province of British Columbia: Repairs and maintenance during a tenancy(www2.gov.bc.ca).gov
  6. Residential Tenancies Act, SA 2004, c R-17.1, s 16 (Alberta, landlord's covenant re: minimum housing standards)(kings-printer.alberta.ca).gov
  7. Government of Alberta: Residential Tenancy Dispute Resolution Service (RTDRS)(alberta.ca).gov
  8. Civil Code of Quebec, CCQ-1991, arts 1854, 1864, 1910 (lessor's obligations of delivery, repair and maintenance)(legisquebec.gouv.qc.ca).gov
  9. Tribunal administratif du logement: Urgent and necessary repairs(tal.gouv.qc.ca).gov
  10. Government of Saskatchewan: Requesting Repairs(saskatchewan.ca).gov
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