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.
Landlord's Duty to Repair Under the RTA
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 cannot waive the landlord's duty to maintain the property. A landlord cannot make a tenant responsible for all repairs. These are non-negotiable statutory rights.
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
How to Request Repairs
Following the right steps protects you legally and creates the documentation you need if you eventually file an LTB application:
Document the problem immediately
Take timestamped photos or video. Note the date you first noticed the issue, and any impact it has on your use and enjoyment of the unit (e.g., 'no heat since December 3rd at -10°C').
Send a written repair request to your landlord
Email is ideal — it creates a documented record. State the problem clearly, note the urgency, and request repair within a specific timeframe: 24 hours for emergencies (no heat, flooding, electrical hazard), 7 to 14 days for non-urgent repairs.
Follow up in writing if there is no response
If you receive no response or repair within the requested timeframe, send a follow-up noting that you may be forced to seek other remedies including an LTB application.
Contact municipal property standards
Your local municipality has a property standards bylaw officer who can inspect the unit and issue an order for repairs. This is often faster than the LTB for physical defects and health/safety issues.
File a T6 application with the LTB
Form T6 (Tenant Application about Maintenance) allows you to ask the LTB for a work order, a rent abatement, and other remedies. You have up to 1 year from when you learned of the issue to file.
If Your Landlord Won't Repair
Do not withhold rent without legal advice
Withholding rent is NOT recommended without legal advice. If you stop paying rent, your landlord can serve an N4 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
Never pay for repairs yourself and deduct from rent without explicit LTB authorization
The recommended options when your landlord fails to repair:
- LTB Form T6: File a Tenant Application about Maintenance. The LTB can order the landlord to make repairs and award rent abatement.
- Municipal Property Standards: Contact your city or municipality's property standards department. A bylaw officer can inspect the unit and issue orders to the landlord, often quickly.
- Ontario Ministry of Housing: For widespread issues, the provincial government also has oversight mechanisms.
- Community Legal Clinic: Many legal clinics can advise you on the best remedy strategy and help with LTB filings — often at no cost.
Rent Abatement for Maintenance Issues
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 (reduction) to compensate tenants for periods when the unit was not properly maintained
- Common abatements range from 10% to 25% of monthly rent, depending on severity and duration
- Serious issues like no heat in winter, significant water damage, or infestation may attract larger abatements
- Abatements can be awarded for past periods, not just going forward
- The LTB can also order compensation for out-of-pocket costs (e.g., temporary accommodation, damaged belongings, purchasing a space heater while the furnace is broken)
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% rent abatement for those 2 months, plus any documented additional heating costs you incurred (e.g., space heaters).