What Are My Rights When My Landlord Won't Make Repairs?
Understand rent abatement, repair deductions, and how to enforce your right to a livable unit.
Quick Answer
Your landlord must maintain the rental unit in good condition.
If they refuse, you can claim rent abatement, withhold rent, make repairs yourself (in some cases), break the lease, or file with the LTB for compensation.
What the Law Says
The Residential Tenancies Act (RTA s.20) is fundamental to tenant protection in Ontario. It requires landlords to maintain rental units in a good state of repair and provide vital services.
RTA s.20 — Landlord's Maintenance Obligations
Structural Integrity
The unit must have a sound roof, walls, windows, doors, and foundation. Water leaks, mold, and structural damage must be repaired.
Vital Services
Heat, water, electricity, sewage, and other essential services must be maintained and provided.
Safety and Health
The unit must meet all health and safety codes. Pest infestations, lead paint, and mold are violations.
Appliances and Systems
If the landlord provided appliances (stove, fridge, heating), they must remain in working order.
These obligations cannot be waived by a lease. Clauses requiring tenants to make repairs are void.
What This Means for You
Rent Abatement: Reduce or Withhold Rent
If the unit is not in good repair, you may not owe full rent. You can claim rent abatement proportional to the severity and duration of the breach. For example, if heat is off for 30 days and the unit is unusable in winter, you might abate 50% of that month's rent. Document everything and keep records.
Repair and Deduction Rights
In some cases, you can hire a contractor to make urgent repairs and deduct the cost from rent. This applies only to emergency repairs (no heat in winter) and only if the landlord has been notified and failed to act. Always get landlord authorization first or follow proper procedures.
Breaking the Lease
If repairs are serious and the unit becomes uninhabitable, you may be able to break the lease without penalty. You can also claim compensation for relocation costs, temporary housing, and damages for loss of enjoyment.
LTB Remedies and Compensation
You can apply to the LTB and request: (1) an order for the landlord to make repairs, (2) compensation for past rent abatement, (3) reimbursement for emergency repairs you made, and (4) damages for inconvenience and distress.
What You Can Do
Step-by-Step: Report Repairs and Document Issues
- Identify the issue. Mold, leak, no heat, broken stove, etc.
- Notify landlord in writing. Email or send certified mail. Be specific: location, date noticed, impact on habitability.
- Keep records. Photos, timestamps, copies of all communications.
- Set a deadline. Give the landlord a reasonable timeframe to repair (7-14 days for routine; immediate for emergencies).
- Follow up. If no response, send a second notice.
- Consider your remedies. Can you claim abatement? Break the lease? File with the LTB?
Emergency Repairs: Heat in Winter
If your heat fails in winter and landlord doesn't respond immediately:
- Call the landlord and document the call (note time, who you spoke to)
- If they don't respond within hours, contact emergency services or a heating contractor
- Get an invoice for emergency repairs
- You can deduct the full emergency repair cost from rent (deduct from next month's payment)
- Notify the landlord in writing of the deduction and provide the invoice
Filing with the LTB
- Submit Form T6. This is the tenant application for repairs and maintenance.
- Include documentation. Photos, repair notices, correspondence, evidence of duration.
- Request specific remedies. Order to repair, abatement amount, reimbursement, and damages.
- Attend the hearing. Present your case, show photos and documents.
- If you win, enforce the order. The LTB order is enforceable; you can pursue collection if needed.
Real Example: Mold Claim Successful
A tenant reported mold throughout the bathroom and bedroom for 8 months. Landlord ignored requests. The tenant paid rent but documented the problem. The LTB ordered:
- Immediate repairs (mandatory order)
- 50% rent abatement for the 8-month period: $12,000 refund
- Additional $3,000 for health impacts and distress
Case Citation: TSL-89234-21. This shows the LTB takes maintenance violations seriously.
Common Repair Disputes & Your Rights
"My landlord says repairs are normal wear and tear."
Wear and tear is the landlord's responsibility. If a faucet leaks after years of use, the landlord must fix it. Only alterations YOU cause (large holes punched in walls) are your responsibility.
"My landlord wants me to pay for repairs I didn't cause."
Unless you caused deliberate damage, you're not responsible. Refuse to pay. If the landlord deducts from your deposit unlawfully, you can claim it back.
"Landlord keeps postponing repairs; it's been months."
You can file with the LTB and claim abatement for the entire period. The longer the delay, the higher your compensation. Courts have awarded 50%+ abatement for prolonged breaches.
Key Takeaways
- •Landlords must maintain the unit and provide vital services (RTA s.20).
- •You can claim rent abatement proportional to the breach severity and duration.
- •Always document issues in writing and keep photos and correspondence.
- •File with the LTB if repairs are not made; you can win significant compensation.