Landlord’s duty to maintain and repair집주인의 수리·관리 의무

What is it?

Section 20 of Ontario’s Residential Tenancies Act (RTA) says a landlord must keep the building and the rental units in a "good state of repair" and "fit for habitation" (fit to live in), and must follow health, safety, housing and maintenance standards.

This duty applies even if the tenant knew about a problem before signing (section 20 (2)). Renting a place "as is" does not remove the duty.

According to the LTB, the duty applies to every rental, even with no written lease, and even if the lease says something different from the law.

What the landlord must do

• Keep everything the landlord provides in working order: electrical, plumbing and heating systems, appliances, carpets, walls, roofs and ceilings, windows, doors, locks and lighting, garages, laundry rooms and walkways.
• Repair or replace things that wear out or break from normal use. A replacement does not have to be a newer or better model, and a used one is fine if it works properly.
• Keep common areas (lobby, halls, elevator, laundry room, parking) clean, and take steps to control pests such as cockroaches and mice.
• Meet the city’s property standards by-law. Where there is no by-law, provincial maintenance standards apply. Fire safety laws must also be followed.
• Never cut off vital services: hot or cold water, fuel, electricity, gas, and heat from September 1 to June 15. If the landlord provides heat, rooms must be at least 20 degrees Celsius. This applies even if rent is overdue.
• To enter for repairs, give written notice at least 24 hours ahead, with a time between 8 a.m. and 8 p.m.

What the tenant must do

• Keep the unit to ordinary cleanliness, the standard most people would call normal (section 33), unless the lease says the landlord cleans.
• Repair or pay for undue damage caused on purpose or by carelessness by the tenant, someone living with them, or a guest (section 34). This includes common areas.
• Normal wear and tear is not the tenant’s responsibility. For example, a carpet worn out after years of normal use does not have to be replaced by the tenant.
• If the tenant does not fix damage, the landlord can give a notice to end the tenancy (Form N5) or apply to the LTB for the repair cost.

When something breaks: step by step

1. Tell the landlord in writing: a letter, an email, or the building’s maintenance request (work order) form. Keep a copy, take photos and note the dates.
2. If it is not fixed within a reasonable time, you can report it to your city, apply to the LTB, or both.
3. City report: the city can inspect and issue a notice of violation or a work order. If the landlord does not comply, the city can take the landlord to court, or do the work and add the cost to the landlord’s property taxes.
4. Toronto: apartment buildings with three or more storeys and 10 or more units are in the RentSafeTO program. The landlord must respond to urgent requests (electricity, gas, heat, water, building security) within 24 hours and to non-urgent ones within 7 days. If it is not resolved, contact 311. The City also offers the service request form in Korean.
5. LTB application: file Form T6 (Tenant Application about Maintenance) through the Tribunals Ontario Portal. The fee is $53 ($48 through the Portal). You must apply within one year of the conduct the application is about (section 29 (2)). If the problem is still not fixed, you may not be too late, so check the deadline with the LTB. Bring three copies of photos, letters, a call log and any city work orders to the hearing.

What the LTB can order

• A rent abatement (reduction): the landlord pays you money, or you may hold back part or all of the rent.
• An order that the landlord repair, replace or do work by a set date.
• Permission for you to do the repair and an order that the landlord pay you for it.
• An order that the landlord pay your reasonable repair costs, damage to your belongings and other out-of-pocket expenses.
• An order that stops rent increases until serious maintenance problems are fixed.
• Ending the tenancy (only if you ask or the unit is unsafe), or another order it finds fair. The LTB also looks at whether you told the landlord about the problem before applying (section 30 (2)).

Do not hold back rent on your own

The LTB says a tenant should not withhold any part of the rent, even if maintenance is poor. If the full rent is not paid on time, the landlord can apply to evict.

After filing a T6, you can ask to pay some or all of your rent to the LTB instead of the landlord until the case is decided ("Request to Pay Rent to the Board" form). The LTB decides whether to allow it.

At a hearing about unpaid rent, a tenant who wants to raise repair problems must give the landlord and the LTB a written description of each issue, and copies of the evidence, at least 7 days before the hearing (section 82 (2), LTB guidance). If the landlord filed the application on or after September 21, 2026, the tenant must also pay the landlord at least half of the arrears claimed in the application at least 7 days before the hearing (money paid to the LTB in trust does not count). So filing a T6 first is safer than stopping rent. If you are thinking of paying less, talk to a community legal clinic first.

An example

A family rents the basement of a detached house in North York. In January, the boiler the landlord looks after breaks and the rooms are cold. Heat is a vital service, and rooms must be at least 20 degrees Celsius.

The same day, the family texts and emails the landlord about the problem with photos of the thermostat, and keeps copies. A week later it is still not fixed, so they report a property standards problem to the City (asking 311 which office handles it) and file a T6 with the LTB. They keep paying rent.

At the hearing, the LTB can order the repair, a rent abatement for the cold period, and payment of reasonable costs such as space heaters. The actual result depends on the evidence and the facts.

Condos, basement units and landlords

• Condos: the person with the duty to repair for you is your landlord (the unit owner), not the condo management. Problems in common parts such as halls or shared pipes are usually handled by your landlord with the condo office, but you should still ask your landlord in writing and keep records.
• RentSafeTO does not cover condos, townhomes, or units in a private house (basement or main floor). The RTA section 20 duty and the city’s property standards still apply to those homes.
• Landlords: take requests in writing, record dates and what was done, and give 24 hours’ written notice before entering. Serious maintenance problems can lead the LTB to block rent increases or dismiss an above-guideline increase (AGI) application.
• If you are buying a tenanted home, check for any pending T6 applications or city work orders, and talk to your lawyer and to me before you sign.