In every Canadian province, landlords carry a non-waivable obligation to maintain rented property in a condition fit for habitation. This obligation exists regardless of what the lease says — a clause stating "tenant accepts the unit as-is" does not relieve the landlord of statutory maintenance duties. The practical scope of those duties varies by province, but the underlying standard — keeping the unit in a good state of repair — is consistent.
Ontario: The Maintenance Standard Under the RTA
Section 20 of Ontario's Residential Tenancies Act, 2006 states that a landlord is responsible for providing and maintaining a residential complex, including the rental unit, in a good state of repair and fit for habitation and for complying with health, safety, housing, and maintenance standards.
The maintenance standard is elaborated in O. Reg. 517/06 under the RTA — the Maintenance Standards regulation. It sets specific requirements for structural elements, heating, plumbing, electrical systems, pest control, and more.
Heating Requirements in Ontario
Ontario's Maintenance Standards require that a landlord ensure the rental unit is heated to a minimum temperature of 20°C from September 1 to June 15 of each year. Some municipalities, including the City of Toronto, apply additional heating requirements under their property standards by-laws. Toronto's property standards require that heat be maintained at a minimum of 21°C from September 15 to June 1.
Air conditioning is not included in the provincial heating standard. Whether air conditioning must be provided depends on what was agreed in the lease. If the unit includes a central air conditioning system or a landlord-provided window unit and that equipment fails, the landlord is generally expected to repair or replace it.
Plumbing and Water
The Maintenance Standards require that plumbing fixtures be maintained in good repair and free from leaks, and that a supply of hot and cold running water be available at all times. Hot water must be maintained at a temperature of at least 43°C at the outlet of every fixture.
Pest Control
Landlords in Ontario are responsible for exterminating insects, rodents, and other vermin in the residential complex. This applies whether or not the infestation originated with the tenant's belongings — the obligation is on the landlord to address the condition of the building. Where a tenant's conduct caused an infestation (e.g., hoarding or sanitation problems), the landlord can potentially seek costs through the LTB, but the initial obligation to arrange remediation remains with the landlord.
City of Toronto Property Standards: Toronto's property standards by-law adds requirements that go beyond the provincial Maintenance Standards, covering items such as door locks, window latches, elevator maintenance, and lighting in common areas. Landlords in Toronto must comply with both the provincial regulation and the municipal by-law. Complaints can be filed through 311 Toronto.
British Columbia: Landlord Obligations Under the RTA
Section 32 of the BC Residential Tenancy Act requires that a landlord provide and maintain residential property in a state of decoration and repair that complies with health, safety, and housing standards required by law, and that makes it suitable for occupation. The Residential Tenancy Regulation (B.C. Reg. 477/2003) sets minimum standards for heating, plumbing, structural soundness, and electrical systems.
BC regulations require that heating systems be capable of maintaining a minimum temperature of 22°C in each room occupied by a tenant, when the outdoor temperature is -20°C. The landlord is also responsible for ensuring that the heating system is in good working order at the start of each tenancy.
Tenant-Caused Damage vs. Landlord Maintenance
The distinction between damage caused by a tenant and ordinary maintenance wear is relevant when determining who bears repair costs. Under both Ontario and BC law, tenants are responsible for repairing damage they cause — beyond ordinary wear and tear. The concept of "ordinary wear and tear" covers the gradual deterioration that results from normal use of the unit: paint fading over years, carpet fibers thinning, door hinges loosening with regular use.
Examples the Landlord and Tenant Board and BC Residential Tenancy Branch have historically considered to be beyond ordinary wear and tear include:
- Holes punched in drywall
- Burns on flooring or countertops
- Stains caused by pet urine that have penetrated subflooring
- Broken window glass
- Tile grout damage caused by unreported water leaks
Maintenance Requests and Timelines
Tenants in Ontario can file a T6 (Tenant Application about Maintenance) with the Landlord and Tenant Board if a landlord fails to address a maintenance issue. Before filing, most tenants are expected to have notified the landlord in writing and allowed a reasonable time to respond. What constitutes a "reasonable" timeline depends on the nature of the issue: an emergency such as a heating failure in winter requires a same-day or next-day response, while a non-urgent issue like a broken closet door latch allows more time.
In BC, tenants can apply to the Residential Tenancy Branch for a dispute resolution hearing if a landlord fails to maintain the property. The RTB can order landlords to carry out repairs and, in some circumstances, order a reduction in rent to reflect the reduced habitability of a unit during a period of disrepair.
Documentation Practices for Landlords
Maintaining records of maintenance requests and completed repairs serves two purposes: it demonstrates compliance with statutory obligations and provides evidence in the event of a dispute.
Move-In and Move-Out Inspections
Ontario requires landlords to conduct a written inspection of the rental unit with the tenant at the beginning and end of a tenancy if the landlord has collected a last month's rent deposit. The inspection report must be signed by both parties. Where a landlord fails to conduct the move-out inspection, they lose the right to make a deduction from the deposit for damage — even if damage is present.
BC has a similar requirement: the Property Condition Inspection Report must be completed at move-in and move-out. The form is available from the BC Residential Tenancy Branch. A landlord who fails to complete the inspection cannot claim deductions for damage from the security deposit.
Repair Logs
A simple log recording the date a maintenance issue was reported (by email, text, or written request), the date it was addressed, who carried out the work, and the cost is sufficient for most purposes. Invoices from contractors should be retained. For larger properties, property management software typically includes a maintenance request module that generates a timestamped record automatically.
This article is for informational purposes only and does not constitute legal advice. Maintenance standards vary by province and municipality. Consult the relevant provincial tribunal or a qualified professional for advice specific to your situation.