Frequently Asked Questions (About Maintenance Obligations)

Q – When is a tenant responsible to pay for damage to a rental unit?

A – Section 34 of the Residential Tenancies Act, 2006 states that “The tenant is responsible for the repair of undue damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant. 2006, c. 17,”

Section 89 of the Act provides that:

“A landlord may apply to the Board for an order requiring a tenant to pay reasonable costs that the landlord has incurred or will incur for the repair of or, where repairing is not reasonable, the replacement of damaged property, if the tenant another occupant of the renal unit or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex and the tenant is in possession of he rental unit”. (emphasis added).

In the the decision SWL-17550-11 member Kim Bugby explained Negligent damage “…where a tenant takes some action which the tenant should reasonably have concluded would result in damage or alternately, a tenant fails to take a required action which the tenant should reasonably have known would result in damage. ”

Citations:

SWL-17550-11 (Re), 2011 CanLII 13539 (ON LTB), <http://canlii.ca/t/fkkhs>

Q – What can a tenant do if a landlord fails to repair damage in a rental unit?

A – The first thing to do is make sure that all maintenance request to a landlord are made in writing. Writing includes email, text, or any other format that can be

Q – Is a tenant entitled to financial compensation if a landlord fails to repair damage in a rental unit?

Q – Who is responsible to remove bed bugs, mice and other unwanted house guests?

Q – How long is to long to wait for repairs to be done to my rental unit?