How Long Do Landlords Have for Appliance Repair in Ontario?

Owning and managing a rental property in Ontario comes with significant responsibilities, especially regarding the upkeep of appliances and vital services. Under the Residential Tenancies Act, landlords must maintain their properties in good repair and ensure tenants have access to vital services like hot and cold water, heating systems, and functional appliances as outlined in the rental agreement.

But what happens when an appliance in a rental unit fails, and how long does a landlord have to address the issue?

This article explains Ontario’s laws, landlord responsibilities, and tenant rights regarding appliance repairs and offers practical tips for landlords and tenants.

Landlord Responsibilities in Brief

Landlords in Ontario are responsible for maintaining their rental properties in compliance with provincial maintenance standards and local municipal bylaws. This includes ensuring all systems and appliances, such as heating, electrical, and laundry rooms, remain functional.

Maintaining Appliances in the Property

Appliances provided in the rental unit, such as refrigerators, ovens, and washing machines, must remain in good working order. When maintenance issues arise, the landlord-tenant board frequently addresses disputes about appliance repair delays.

Follow the Fire Safety Laws

Landlords must follow fire safety laws to ensure tenant safety. This includes installing functional smoke alarms and fire extinguishers and maintaining clear exits. Failure to comply can result in legal action and fines from the local fire department.

How Long Does a Landlord Have to Make Appliance Repairs in Ontario?

The timeframe for completing necessary repairs depends on the urgency of the issue. According to the Residential Tenancies Act, landlords must address maintenance issues within a “reasonable amount of time.” However, what constitutes “reasonable” depends on the severity of the issue.

Emergency Repairs: Issues such as lack of hot or cold water, heating failure, or broken refrigerators in the middle of summer require immediate attention. These should typically be addressed within 24-48 hours.
Non-Emergency Repairs: Landlords usually have several days to weeks to complete the repairs for less urgent issues, such as a malfunctioning dishwasher or cosmetic damages.

Emergency Repairs

Definition and Timeframe for Emergency Repairs

Emergency repairs refer to urgent maintenance issues that pose a significant risk to tenants’ health, safety, or well-being. Examples include a burst pipe, a malfunctioning heating system during winter months, or a severe electrical issue. According to the Residential Tenancies Act, landlords are required to address emergency repairs immediately or as soon as possible to prevent further damage or harm to the tenant.

In an emergency repair, tenants should notify their landlord in writing, detailing the issue and requesting prompt attention. If the landlord fails to respond or address the issue promptly, tenants may contact the Landlord and Tenant Board for assistance. It is essential to note that tenants should not withhold rent due to emergency repairs, as this can lead to eviction proceedings.

Non-Emergency Repairs

Non-emergency repairs are maintenance issues that, while important, do not pose an immediate threat to the tenant’s health or safety. Examples include a malfunctioning dishwasher, minor leaks, or cosmetic damages. While these repairs are still the landlord’s responsibility, they do not require the same urgent attention as emergency repairs.

Landlords are expected to address non-emergency repairs within a reasonable timeframe, which can range from several days to a few weeks, depending on the severity of the issue. Tenants should communicate any non-emergency repair needs to their landlord in writing and record all correspondence. This documentation can be crucial if the issue escalates and requires intervention from the Landlord and Tenant Board.

What Tenants Can Do if a Landlord is Not Fixing Appliances in Ontario

If a landlord fails to perform necessary repairs within a reasonable time, tenants have options:

1. File a Complaint with the Landlord and Tenant Board

The Landlord and Tenant Board can mediate disputes and enforce compliance with the residential tenancies laws.

2. Provide Written Notice

Tenants should issue a written notice to the landlord detailing the maintenance issue and requesting a repair. Keep a copy of all written correspondence for reference.

3. Withhold Rent

Although tenants may feel tempted to withhold rent, this approach can backfire unless approved by the tenant board. Instead, tenants can request a rent reduction if the issue significantly impacts their reasonable enjoyment of the rental unit.

4. Pay for Repairs and Deduct Costs

In some cases, tenants can pay for necessary repairs and deduct the cost from their rent, but only after receiving approval from the Landlord and Tenant Board.

Ontario Landlord Responsibilities for Appliance Repairs When the Tenant is At Fault

Landlords are not responsible for appliance repairs caused by tenant negligence or deliberate misuse. Tenants are entitled to an automatic rent reduction when a landlord’s property taxes have decreased by more than 2.49 percent from one year to the next. All the landlord provides to the tenant must be kept in working order. This could include Electrical, plumbing, or heating systems; appliances; carpets in the unit or common areas; walls, roofs; ceilings; Windows; doors; locks; lighting g Garages; laundry rooms; patios; walkways, or pools. For example:

If tenants break a refrigerator by overloading it with excessive weight, they may be liable for the repair costs.
The tenant is also responsible for damages resulting from actions beyond normal household use, such as misusing washing machines.

The landlord can deduct repair costs from the tenant’s rent or security deposit in such cases, provided the tenancy agreement includes this clause.

Additional Maintenance Obligations in Mobile Homes and Land Lease Communities

In a mobile home park or land lease community, landlords have specific obligations to maintain property standards. This includes maintaining common areas like parking areas, lighting garages, and ensuring adequate water pressure for all units.

Provide Vital Services

Landlords must ensure a reasonable supply of hot and cold water, electricity, and heating for all units by property standards.

Municipal Standards and Building Codes

Municipal bylaws and building codes also define maintenance standards. Local municipalities may have specific regulations requiring landlords to maintain the ceilings, windows, common areas, and general cleanliness of rental properties.

Key Points for Tenants: What to Expect from a Great Landlord

A great landlord ensures the following:

Appliances and systems in the rental unit are kept in good working order.
The rental property is clean and free from hazards.
Emergency repairs are handled promptly.
Communication is clear and documented via written correspondence.

Tenants’ Rights: Ensuring Repairs Are Made

Tenants should remain proactive when dealing with maintenance issues. Here’s what they can do:

Notify the Landlord Immediately

Early communication allows the landlord to address the problem before it escalates.

Document Maintenance Issues

Record all maintenance issues with photos, videos, and written correspondence.

Escalate to the Local Municipality

If the landlord fails to meet municipal standards, tenants can file a complaint with the local municipality.

Landlord’s Neglect: Consequences and Solutions

Landlords who neglect their responsibilities risk penalties such as fines, legal action, and loss of tenants. To avoid these consequences, landlords should:

Regularly inspect the rental property for normal wear and tear.
Stay compliant with fire safety laws and provincial maintenance standards.
Ensure appliances, heating systems, and carpets meet the minimum standards.

Common Maintenance Issues in Rental Units

The most common issues tenants face include:

Faulty electrical systems.
Insufficient water pressure.
Malfunctioning heating systems or lack of hot water.
Dirty or poorly maintained common areas and ceilings and windows.

Tips for Maintaining Rental Properties

Landlords can ensure smooth tenancy by:

Scheduling regular maintenance work for appliances and systems.
Keeping the rental unit clean and free of hazards.
Addressing the tenant’s concerns about safety or comfort promptly.
Following up on necessary repairs with professional contractors.

Understanding Maintenance Standards and Reasonable Timeframes

The definition of a reasonable time varies depending on the urgency of the repair. Minor repairs may take longer, while emergency repairs require immediate action to ensure tenant safety and comfort.

What Tenants Can Do to Prevent Damage

Tenants can avoid potential disputes by:

Using appliances according to the manufacturer’s guidelines.
Reporting issues as soon as they arise.
Keeping the rental unit clean and minimizing damage from normal wear.

Dispute Resolution

Tenant Board Process

The Landlord and Tenant Board (LTB) is a government agency responsible for resolving disputes between landlords and tenants in Ontario. The LTB provides a fair and impartial process for resolving disputes related to rental properties, including maintenance and repair issues.

If a tenant or landlord is dissatisfied with the other party’s response to a maintenance or repair issue, they may apply with the LTB. The application must be in writing and include details of the issue, the parties involved, and the desired outcome. The LTB will review the application and schedule a hearing, where both parties can present their case.

The LTB may order the landlord to make repairs, compensate the tenant, or take other action to resolve the dispute. In some cases, the LTB may also order the tenant to pay rent or take other actions to fulfill their obligations under the tenancy agreement. It is essential to note that the LTB’s decision is binding, and both parties must comply with it.

In addition to the LTB, tenants may also contact the Rental Housing Enforcement Unit (RHEU) for assistance with maintenance and repair issues. The RHEU is a government agency responsible for enforcing the Residential Tenancies Act and ensuring landlords comply with their obligations.

Final Thoughts on Appliance Repairs in Ontario

Navigating appliance repair responsibilities in Ontario requires a clear understanding of landlord and tenant obligations under the Residential Tenancies Act. While landlords are expected to maintain a good state of repair, tenants also ensure the longevity of appliances and systems. By working together and following the above guidelines, landlords and tenants can maintain a positive and cooperative relationship.

For more information about your rights and responsibilities as a landlord or tenant in Ontario, consult the Landlord and Tenant Board, local municipalities, or professional property management services.