Rights and Responsibilities - FAQ MAINTENANCE & REPAIRS 1. Who is responsible for maintaining the unit? 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 applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement. The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it. 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. 2. Can a tenant withhold rent because their landlord isn’t properly maintaining their building or unit? No. If the tenant withholds rent, the landlord can give the tenant a notice of termination for non-payment of rent and then file an application to evict the tenant. There are other options for dealing with maintenance issues.
3. What should a tenant do if repairs are needed to their building or unit? A tenant should first contact the property manager and/or concierge for the building to see if the repair can be done through the building. If the building can’t repair the issue the tenant should communicate this in writing to the landlord or landlord’s representative. If the landlord refuses to handle the repairs in a timely manner the tenant can take the landlord to the Landlord Tenancy Board for resolution. 4. Does a landlord have to renovate a rental unit before a new tenant moves in? Or, renovate it after the tenant has lived there for many years? No, the landlord is not required by law to ‘update’ a rental unit with renovations when a tenant moves in, or after a tenant has lived there for a certain number of years . However, the landlord is responsible for maintaining a residential complex and its rental units in “a good state of repair and fit for habitation”. The landlord must also comply with any health, safety, housing and maintenance standards that apply to their property. For example, if the carpeting is unsafe due to a tear potentially resulting in a fall, the landlord may have to replace or repair it, regardless of when it was installed.
Landlord Guidebook - 12
