Ontario Tenant Rights: What Your Landlord Is Legally Required to Fix

Section 20(1) of the Residential Tenancies Act, 2006 (RTA) states that 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.

This obligation exists regardless of whether it is written into your lease. The RTA is a minimum standard — lease clauses that purport to give the landlord less responsibility are void.

Section 20(2) extends this to properties a landlord knew were in disrepair at the time the tenancy agreement was entered into. You cannot waive your right to a habitable unit.

The landlord's maintenance obligation covers a wide range of issues:

Structural and building systems: Roof, walls, floors, windows, doors, foundation, plumbing, electrical systems, and heating systems must all be maintained in good repair.

Heat: Ontario Regulation 517/06, section 15, generally sets a 20°C minimum for habitable space where the provincial standard applies. Municipal bylaws can set their own seasonal heat requirements.

Water: Section 21 of the RTA addresses deliberate interference with vital services, including hot or cold water. Ontario Regulation 517/06, section 11, contains the hot- and cold-water maintenance standard where it applies.

Pest control: Ontario Regulation 517/06, section 46, requires buildings to be kept reasonably free of rodents and insects where the provincial standard applies. Municipal property standards may also address infestations.

Mold and moisture: Section 20 of the RTA imposes a general maintenance obligation. Ontario Regulation 517/06, section 39, addresses mould, mildew, fungi, leaks, and deterioration on interior wall and ceiling cladding.

Section 21 of the RTA deals specifically with vital services — defined as heat, electricity, gas, hot and cold water, and fuel. A landlord cannot withhold or reduce vital services intentionally, even for non-payment of rent.

If a landlord deliberately cuts vital services, you can apply immediately to the LTB for an emergency order (Form T2 — Tenant Rights) to have them restored. This is one of the few situations where the LTB can act on an urgent basis.

Before filing with the Landlord and Tenant Board, you are expected to have given your landlord written notice of the issue and a reasonable time to repair it. This is why your demand letter is so important — it establishes that you gave proper notice.

If the issue remains unresolved, review the current Form T6 instructions and fees on the LTB website. Requirements, fees, and processing times can change.

The LTB lists several potential remedies, including repair orders and rent abatements. A remedy is discretionary and depends on the evidence and facts.

Many Ontario municipalities have property-standards bylaws that overlap with the RTA. Ask your municipality whether it accepts a complaint for the condition and what its inspection process covers. An officer may inspect and may issue an order where the applicable bylaw is violated.

Municipal enforcement and an LTB application are different processes. Check whether one or both are appropriate before filing.