Maintenance and repairs

Similar documents
TENANT LAW SERIES. Care homes

Landlord and Tenant Board. What is the RTA? Before You Move In. to find out if you are covered.

My landlord wants to evict me because I owe rent

WHEN YOU OWE RENT TO YOUR LANDLORD

A TENANT S GUIDE TO HOUSING

WHAT APPLICATIONS CAN I FILE AGAINST MY LANDLORD?

Migrants Guide to Renting in Sydney Index

Brochure: A Guide to the Residential Tenancies Act

Do You Know Your Rights and Duties As a Renter?

Moving In and Moving Out:

Getting Repairs Made

OHIO LANDLORD-TENANT LAW

Do You Know Your Rights and Duties As a Renter?

INDIVIDUAL METERING OF ELECTRICITY SERVICE IN APARTMENT BUILDINGS

Rights and Duties of Tenants in Franklin County

You can search for cases tried in Alberta Court of Queen s Bench pertaining to residential tenancy -

Notices to Vacate and Ending a Lease

Rent escrow is a legal process tenants may use to force landlords to repair serious or

Know Your Rights: A Guide for Tenants Renting in the State of Virginia Introduction Lease Agreements

These are plain language definitions for the commonly used terms in this guide.

tenant survival guide

Ontario Eviction Refresher Keith Moyer

HOUSING STABILITY: Skills for Successful Resettlement. September 2016

RENTERS GUIDE TO EVICTION COURT

How to Get Your Landlord To Make Repairs... Rent Escrow

What You Need to Know About Renting to Own and Contracts for Deed

REPAIRS and MAINTENANCE of RENTAL PROPERTY

Your tenancy agreement; An easy read guide.

Getting Repairs Done. A Self Help Kit for Tenants. THE FEDERATION OF METRO TENANTS ASSOCIATIONS

OHIO LANDLORD-TENANT. What You Should Know! published by Ohio Poverty Law Center, LLC

What Manitoba Landlords. Need to Know. Know your rights and responsibilities

What You Need To Know About Mobile Homes

HOLDING DEPOSIT: (Cash / Transfer) DATE: OUTSTANDING BALANCE:

Eviction. Court approval required

ASSURED SHORTHOLD TENANCY AGREEMENT APRIL 2018 EDITION RESIDENTIAL LANDLORDS ASSOCIATION

THE RESIDENTIAL TENANCIES ACT OFFENCES

My Landlord Isn t Making Repairs

Tenants Rights in Foreclosure 1

The standard lease and your rights

EVICTIONS including Lockouts and Utility Shutoffs

How a Landlord Can End a Tenancy

A Place to Call Home Tenant and Landlord Information

ONLY FOR USE WHERE THE DEPOSIT IS TO BE PROTECTED WITH DEPOSIT GUARD THE TENANCY DEPOSIT SCHEME (TDS) Assured shorthold tenancy agreement room only

If a Tenant Does Not Pay Rent

Early Termination of a Fixed Term Tenancy Agreement by Tenants

Determine which Housekeeping Tips are applicable to participants and add or remove tips as needed.

Guide to Tenant Rights, Services & Resources

Seven Steps to Solving Tenancy Problems CALC Tenant School

Eviction and Your Defense

Key Housing Terms. Living off-campus involves learning new vocabulary! Here are some of the words and phrases that you might hear in your search.

The RTA covers most rental housing in Newfoundland & Labrador. However, it does not apply to the following:

Can My Landlord Enter My Home? A Tenant s Right to Privacy

If You Rent a Place, Know Your Legal Rights and Duties

Repairs & maintenance

Rentersʼ Guide to Eviction Court

Page 1. Date: This agreement is between us: the landlord or landlords. and you (individually and together): the tenant or tenants

Introductory Tenancies Your Questions Answered

Expunging an Eviction Case

RENTING AN APARTMENT. Information and tips for you who live in accommodation with right of tenancy

Your home-buying team

Tenants Rights and Things You Should Know

Guide to. Form J Application to Director. What is this form for? How to complete these forms?

Housing for Aboriginal and Torres Strait Islander People

The Tenant Survival Manual

Renter's Checklist. Before you sign the lease, look at the place that you want to rent to make sure that it is safe, clean, and livable.

Private Sector Tenants

Leasing Farm Land in Minnesota

RESIDENTIAL LEASE This form recommended for, but not restricted to use by, members of the Pennsylvania Association of REALTORS (PAR).

CLEONet. for community workers and advocates who work with low income and disadvantaged communities in Ontario.

O N L I N E. Eviction by Sheriff

Rules About Rent Revised: October 1, 2001

If you are not a tenant but you have paid towards the deposit, please read and sign the following declaration.

Renting on PEI. Community Legal Information Association of PEI, Inc or

DURHAM STUDENTS UNION COMMUNITY GUIDE TO LIVING OUT IN THE

Graphics: Allester Bradbury, Allester s Graphic Design, Vernon, BC Design: Tamara MacKenzie Editing: Leslie Dyson Cover Design: Sung Van Studios

Demoted Tenancies Your Questions Answered

HOUSING. Being a prepared renter

What would a tenant look for in a rental unit? What can you provide?

The Tenant Protection Act allows a tenant to be evicted if they have not paid their rent, or have often paid the rent late.

How to Answer Your Eviction Case

Your guide to selling a home

tenancy agreements What to look for in a tenancy agreement ueastudent.com/advice

Manufactured Home Parks. Buying a manufactured home and moving into a manufactured home park

Tenant Belongings Landlord duties and responsibilities when the tenant leaves but their belongings stay

RIGHTS AND RESPONSIBILITIES Some important information for landlords and tenants on private Gypsy and Traveller sites

Residential Tenancy Agreement

Was Your Landlord Foreclosed?

Selling your property?

Protecting Your Section 8 Voucher

Renter s Checklist Fact Sheet

Renting a Mobile Home Site

Manufactured Home Parks. Buying a manufactured home and moving into a manufactured home park

This webinar is brought to you by Your Legal Rights: a website of legal information for people in Ontario.

The Right to Acquire. Contents. Contents Making an informed decision Can you buy your home? How to buy your home 7. 4.

LANDLORD - TENANT Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813)

Sundance Apartments. Addendum to Residential Tenancy Agreement

YOUR GUIDE TO STUDENT HOUSE- HUNTING

ENDING A TENANCY WHO, WHY, WHEN, and HOW

Learning about the Law

Tools. for Tenants. Permanent Supportive Housing

Transcription:

TENANT LAW SERIES Maintenance and repairs Every tenant has the right to a home that is well maintained, in a building that is clean and safe.

DOES THIS BOOKLET APPLY TO YOU? This booklet is about tenants rights under the Residential Tenancies Act (RTA). The RTA applies to most rental housing in Ontario, such as rooms, apartments, houses, mobile home parks, and retirement homes. But some rental housing is not covered by the RTA. For example, you might not be covered if you live in a place that is supposed to be used for business, share a kitchen or bathroom with the owner or a close family member of the owner, or live in some types of temporary or seasonal housing. Also, the RTA does not cover some types of shared living. If you share rental housing or you rent from another tenant, we have an online tool at <www.cleo.on.ca/roommates> that can help you find out if you are covered. If your housing is not covered by the RTA, the information in this booklet does not apply to you. If you are not sure, see page 7 to find out where to get legal advice.

Maintenance and repairs Your landlord is responsible for the maintenance and repair of your rented home. This includes things that came with your place, such as appliances, and it includes common areas, such as parking lots, elevators, and hallways. 1 This means that your landlord must fix or replace anything that is in bad condition or does not work properly. It does not matter if your lease or rental agreement says something different or if you knew about the problem when you agreed to rent the place. The law says your landlord is responsible. But, if you or your guests break anything on purpose or by being careless, usually you must fix it or pay for the repair. Your landlord must also clean and maintain the common areas. These are areas both inside and outside the building that are not part of tenants apartments. For example, your landlord must: keep halls, elevators, stairways, and the lobby clean, keep laundry and garbage rooms clean, pick up garbage outside the building, cut the lawn, and shovel snow and keep ice off the driveways and sidewalks. maintenance and repairs

It is up to you to keep your own apartment or rental unit clean, unless your lease or rental agreement says your landlord will do it. If you rent a whole house, the law is not clear about who is responsible for outdoor work like lawn mowing and snow shovelling. Cockroaches, mice, or other pests If you have a problem with cockroaches, bedbugs, mice, or other pests, your landlord must take steps to get rid of them and to stop them from getting in. Heat Your landlord must give you enough heat in winter. Usually this means there must be enough heat to keep your apartment at least 20 C from September to June. The rules about this are slightly different for different places in Ontario. 2 You can call your town or city hall or municipal office to find out what the standards are where you live. If there are no local standards where you live, you can call the Investigation and Enforcement Unit (IEU) at 1-888-772-9277. The IEU s web site address is <www.mah.gov.on.ca/ieu>. See page 7 for more information about the IEU. tenant law series

Utilities and other vital services Your landlord is not allowed to cut off or interfere with any vital services. This includes things like your supply of water, electricity, or heat. It also includes food or care services if you get these from your landlord or another service provider. 3 If any of these things happen, you should get legal help or contact the Investigation and Enforcement Unit (IEU) at 1-888-772-9277. The IEU s web site address is <www.mah.gov.on.ca/ieu>. See page 7 for more information about the IEU and about getting legal help. What you can do to get things fixed Tell your landlord First, talk to your landlord about what is wrong and ask to have it fixed. Keep notes for yourself about when you talked to your landlord and what you talked about. There are blank pages at the end of this booklet that you can use. It is sometimes helpful to take photos of the problem and put the date on them. If your landlord does not fix the problem soon, write a letter asking your landlord to do the repair. Make sure to keep a copy for yourself. Or, if your landlord has a form for repair requests, fill one out and keep a copy. maintenance and repairs

Usually, it is safest to keep paying your rent while you are trying to get your landlord to deal with repair problems. If you do not pay all your rent for any reason, your landlord can try to have you evicted. Ask your neighbours Find out if other tenants in your building have similar problems. You might be able to get more done if you work together, especially if the problems are in common areas. Call a government inspector If your landlord does not fix the problem, you can call your local property standards or by-law department, or your town or city hall, municipal office, or local councillor. Many cities, towns, and municipalities have inspectors who can order your landlord to make repairs or to clean up your building. 4 If there are no inspectors or by-laws about housing standards where you live, you can call the Investigation and Enforcement Unit (IEU) at 1-888-772-9277. The IEU s web site address is <www.mah.gov.on.ca/ieu>. See page 7 for more information about the IEU. tenant law series

Apply to the Landlord and Tenant Board If your landlord does not fix the problem, you can apply to the Landlord and Tenant Board. The Board is like a special court that decides disputes between tenants and landlords. When you apply, the Board will schedule a hearing where you and your landlord can each present your case to a member of the Board. 5 It is up to you to convince the Board member about the problem. It is very important to bring evidence to your hearing, for example, witnesses, photos, audio or video recordings, inspectors reports, work orders, letters, or anything else that can help you prove your case to the Board member. You might want to make notes and take them to the hearing so you can remember everything you want to say. If the Board agrees that there is a problem, the Board could order your landlord to: do any needed repairs or maintenance, not raise your rent until the repairs are done, give you back some of your rent for the time the repairs are not done, pay you back if you had to pay for the repairs or do them yourself, pay to fix or replace any of your property that was damaged because of the repair problem, or maintenance and repairs

pay any reasonable expenses you had because of the repair problem, for example, if you had to eat in a restaurant because your fridge or stove was broken. You can also ask the Board to let you move out without giving proper notice, if the conditions are very bad. The Board can also make any other order that it thinks is reasonable. It is best if you apply to the Board within one year of noticing the problem. In some cases, you might be able to apply later than this. You can apply to the Board even if the problem has already been fixed or if you have moved out. A community legal clinic or lawyer can help you apply to the Board. See the section on the next page for information about getting legal help. 6 The Advocacy Centre for Tenants Ontario (ACTO) has a tip sheet called T6 Application about Maintenance. It explains how to fill out the application form and prepare for a hearing with the Board. To find the tip sheet online, go to <www.acto.ca> and click on Tenant Info. tenant law series

Where to get help For legal help or advice, you can contact a community legal clinic or a lawyer. You can usually find the community legal clinic for your area by looking under Legal Aid in your phone book. You can also check Legal Aid Ontario s web site at <www.legalaid.on.ca> or phone them: Toll-free outside Toronto... 1-800-668-8258 In Toronto... 416-979-1446 Toll-free TTY... 1-866-641-8867 TTY in Toronto... 416-598-8867 7 You can contact the Landlord and Tenant Board for application forms and for general information about landlord and tenant issues. The Board cannot give you legal advice. The Board s web site address is <www.ltb.gov.on.ca>. You can call the Board at 416-645-8080 or 1-888-332-3234. The Investigation and Enforcement Unit (IEU) is a provincial government office set up to help make sure that: landlords and tenants follow the Residential Tenancies Act, and landlords follow provincial maintenance standards in places where there are no local standards. You can call the IEU at 1-888-772-9277 or visit their web site at <www.mah.gov.on.ca/ieu>. maintenance and repairs

Notes tenant law series

Notes maintenance and repairs

TENANT LAW SERIES Maintenance and repairs February 2009 This publication contains general information. It is not a substitute for getting legal advice for your particular situation. Written, edited, and produced by CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario). In co-operation with Ontario community legal clinics. With funding from Legal Aid Ontario and the Department of Justice Canada. This publication is part of the CLEO Tenant Law Series. CLEO has free publications on other legal topics as well. We revise our publications regularly to reflect changes in the law. Our Discard List tells you which publications are out of date and should be thrown away. For a copy of our current Order Form or Discard List, visit our web site at www.cleo.on.ca or call 416-408-4420, ext. 33.