Repairs in an Ontario Rental: Landlord vs Tenant — Who Pays for What

Step 1: Start with the big rule — the landlord's core duty is to maintain and repair

I see Chinese-Canadian landlords and tenants argue about “who pays” the moment something breaks. Let’s settle the big rule first: the primary duty to maintain and repair sits with the landlord. Under section 20 of the Residential Tenancies Act, a landlord must keep the rental unit and the whole residential complex in a good state of repair, fit for habitation, and compliant with health, safety, housing and maintenance standards.

This is not a courtesy — it is a legal obligation. Everything the landlord provides to the tenant — from the roof, walls and plumbing to landlord-supplied appliances — must be kept in working order. When it breaks or wears out, the landlord is responsible for repairing or replacing it.

Step 2: A key trap — "the tenant knew about it before renting" does NOT let the landlord off the hook

This is the single most common landlord misconception. Many landlords think: “I told them the faucet was a bit off before they moved in, they rented anyway, so now it’s on them.” In Ontario, that logic fails.

According to the LTB (part of Tribunals Ontario), the landlord’s repair obligations apply to all rental agreements, even if the rental unit was not in good condition and the tenant agreed to rent it anyway. In other words, a tenant having “seen it, known about it, and agreed” does not transfer the landlord’s legal repair duty. A lease clause saying “rented as-is, tenant responsible for repairs” is generally unenforceable against the RTA.

Step 3: What the tenant is responsible for — everyday cleanliness and self-inflicted damage

Tenants are not off the hook for everything. The law assigns them two clear responsibilities:

• Ordinary cleanliness: according to the LTB, a tenant must keep the unit clean up to the standard that most people would consider ordinary or normal cleanliness. It does not have to be spotless, but it can’t be dirty enough to attract pests or create a health hazard.
• Damage they cause: a tenant must repair or pay for damage that is not normal wear and tear. In the LTB’s own words, that damage “could have been caused by the tenant, their guests or another person.” Whether it’s wilful or merely negligent, if it isn’t natural wear from ordinary use, the tenant pays.

For example: carpet aging over time is normal wear and the landlord handles it; but a tenant spilling red wine and leaving a large stain, or a guest kicking in a door, is the tenant’s responsibility.

Step 4: Who fixes the appliances? It depends on who supplied them

Responsibility for an appliance turns on whether the landlord supplied it.

• Landlord-supplied appliances (fridge, stove, dishwasher, a washer included in the lease, etc.) are “things the landlord provides to the tenant” and must be kept in working order. When they fail or wear out from ordinary use, the landlord repairs or replaces them — at no cost to the tenant.
• Appliances the tenant brought in themselves are the tenant’s own responsibility.

One exception to keep straight: if the tenant or a guest damages a landlord’s appliance (snapping off the stove door, jamming the dishwasher with foreign objects), we’re back to Step 3 — that’s tenant-caused damage, so the tenant pays. The deciding question is always: is this ordinary wear, or human-caused damage?

A few categories the landlord can rarely escape:

• Pest control: according to the LTB, a landlord must take steps to control pests such as cockroaches and mice. Unless a specific tenant’s conduct is shown to have directly caused the infestation, treating pests is generally the landlord’s responsibility.
• Vital services: hot and cold water, fuel, electricity, gas, and heat (from September 1 to June 15). The LTB is explicit: a landlord cannot withhold the reasonable supply of a vital service — even if the tenant’s rent is overdue.

That means using “shut off the water/heat/power” to pressure a tenant is illegal. Landlords especially need to remember this: cutting the heat in a moment of anger can get you heavily penalized by the LTB.

When a landlord won’t fix something, the tenant’s most common mistake is “I’ll just withhold rent.” That’s wrong.

Don’t: according to the LTB, a tenant should not withhold any part of the rent, even if the tenant feels that maintenance is poor. Withholding rent can hand the landlord a non-payment notice (N4) and put you at risk of eviction.

Do (in order):

• Request the repair in writing. ACTO advises that, ideally, you notify your landlord of the problem in writing and ask them to fix it — creating a paper trail.
• Escalate. If the landlord is too slow, you can call 311 (property standards) or public health, depending on the type of problem.
• File a T6 with the LTB. If the landlord still doesn’t respond or fix it in a timely way, you can file a T6 (Tenant Application about Maintenance) with the LTB. The LTB can order the landlord to fix the problem or order money paid to the tenant (such as a rent abatement) for not following the law.

To landlords, my advice is blunt: when a repair request comes in, respond promptly and keep records. Don’t stall. The repair duty is statutory, and dragging your feet can land you at the LTB on a T6 application and even on the hook to compensate the tenant for related losses (for example, the cost of the tenant’s property damaged because of the disrepair).

In practice: set up a channel to receive repair requests (text, email, a form — anything), timestamp every report and response, give the required 24 hours’ written notice before entering to repair (except emergencies), and keep receipts and communications. If it ever reaches the LTB, the landlord with a full record and the landlord with “he said, she said” get very different outcomes.

I told the tenant about a minor issue before they moved in and they agreed — is it now their problem to fix?

No. According to the LTB, the landlord's repair obligations apply to all rental agreements, even if the unit was not in good condition and the tenant agreed to rent it anyway. A lease clause saying "rented as-is, tenant responsible for repairs" is generally unenforceable against the RTA.

The tenant broke the landlord-supplied dishwasher — who pays?

It depends on the cause. If it failed from ordinary wear or age, the landlord repairs or replaces it. But if the tenant or a guest caused the damage (wilful or negligent damage beyond normal wear and tear), the tenant must repair or pay for it. The test is: ordinary wear, or human-caused damage?

There are cockroaches in the unit — is that the landlord's job or the tenant's?

Generally the landlord's. According to the LTB, a landlord must take steps to control pests such as cockroaches and mice. Unless a specific tenant's conduct is shown to have directly caused it, pest control is usually the landlord's responsibility. The tenant's part is to keep ordinary cleanliness so as not to attract pests.

My landlord won't fix things — can I withhold rent to force the issue?

No. According to the LTB, you should not withhold any part of the rent even if you feel maintenance is poor; doing so can trigger a non-payment notice (N4) and put you at risk of eviction. The correct route is to request the repair in writing and, if unresolved, file a T6 application with the LTB.

I filed a T6 — what can the LTB give me?

The LTB can order the landlord to complete repairs within a set time, or order money paid to the tenant for breaching the repair duty — for example a rent abatement, or compensation for the reasonable cost of your property that was damaged because of the disrepair. The remedy depends on the facts, so a written record of your repair requests and evidence matters.