MAINTENANCE IN THE RENTAL UNIT – WHO IS RESPONSIBLE?
Tenants have various obligations when it comes to renting a property such as paying rent on time, repairing wilful damage or not interfering with the landlord’s rights. One common question that is asked by tenants is who is responsible for the maintenance in the rental unit. The answer is the Landlord. As per the Residential Tenancies Act it states that:
Landlord’s responsibility to repair
20 (1) 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. 2006, c. 17, s. 20 (1).
In a case where the Landlord breaches their obligation under s. 20 of the Act, then the tenant may seek remedies under s. 29 of the Residential Tenancies Act, which states:
Tenant applications
29 (1) A tenant or former tenant of a rental unit may apply to the Board for any of the following orders:
- An order determining that the landlord has breached an obligation under subsection 20 (1) or section 161.
When a tenant files and application with the Board, they are hoping to receive a remedy compensating them for the landlord’s actions. The remedy awarded to the tenant is based on the harm and loss suffered due to the landlord breaching one of the obligations listed in s. 20 of the Act. Certain remedies may include but are not limited to:
- an abatement of rent;
- an order ordering the landlord to do specific maintenance and/or monetary compensation payable to the tenant.
If you are a tenant or a landlord that has questions about maintenance in the rental unit, it is important that you contact a legal representative with your concerns as there is a lot to know about this topic. We believe affordable justice matters and should be accessible to everyone. Trust the professional advice of Balatidis Legal Services; landlord and tenant board paralegals servicing Mississauga, Brampton, Toronto, Oakville, Burlington and Hamilton.
