Resolving Maintenance and Repair Disputes
Disputes over maintenance and repairs are common in residential tenancies and often escalate into applications before the Landlord and Tenant Board. We advise and represent both landlords and tenants in these matters.
For landlords, we advise on your obligations to maintain the rental property and comply with the Residential Tenancies Act, which in many cases is enough to prevent a dispute arising at all. Where one does arise, we represent you in negotiations or before the Board.
For tenants, we act where a landlord has not met their maintenance obligations, helping you document the problem, file the appropriate application, and pursue remedies including rent abatement and repair orders.
Maintenance cases are evidence-driven. Photographs, written requests, and a clear chronology matter more here than in almost any other type of tenancy dispute.
If your landlord refuses to make necessary repairs, you can file an application with the Landlord and Tenant Board or contact your local property standards office. The landlord is legally obligated to maintain the rental property in a good state of repair and to comply with health and safety standards.
In Ontario you cannot legally withhold rent because of maintenance issues. Report the problem to your landlord in writing and allow a reasonable time for repairs. If the landlord fails to act, you can apply to the Landlord and Tenant Board for a rent abatement or other remedies.
Responsibility usually depends on what the tenancy agreement says. If the agreement includes the appliances, the landlord is generally responsible for their maintenance and repair. If the tenant supplied the appliance, the tenant is usually responsible.
The initial assessment is free. Fixed-fee options are available where the matter allows.
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