Canadian Legal FAQS- Renting a Place to Live/Tenants/Repairs
 
 

Renting a Place to Live/Tenants/Repairs



 
 
   
 


< Renting a Place to Live | Tenants

Repairs

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When I carried out the initial inspection with my landlady at the beginning of the tenancy, we noticed some things that required minor repairs. My landlady said that she would take $20 less rent from me for the next three months if I fixed these things. Is it a good idea to handle the problem in this way?

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It might be an efficient way to deal with the repairs, particularly if the landlady is not going to have the time to fix them herself. You should be sure that this agreement is recorded in writing and that the repairs are not going to cost you more than the reduction in rent. You might also check exactly how she wants the repairs done so that they do not cost you more than $20/month to do.

The sink in our rented apartment has a waste disposal unit. By mistake, I allowed a piece of cutlery to get stuck in there and now it will not work. My landlord is supposed to carry out all repairs to appliances. When I called him and explained the problem, he said that if I caused the damage, it is up to me to fix it. Is that right?

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You will need to consider what you and your landlord agreed to about repairs at the beginning of the tenancy. The information might be in the tenancy agreement, in a separate agreement, or form part of a verbal discussion. If the agreement states that your landlord would be responsible for all appliance repairs whatever the reason for damage, it is his obligation to fix the waste disposal unit. If the agreement states that your landlord will only be responsible for repairs to appliances not caused by your behaviour, then you have the responsibility to fix the waste disposal unit. If the agreement is not clear, it is likely that the obligation to repair the appliance falls within your obligation not to damage the property.

In addition to clearly establishing responsibility for repairs, it is a good idea for landlords to provide you with written instructions about how to operate, clean, and care for appliances and amenities.

My lease does not mention repairs. I thought it would be up to my landlord to fix everything, but when I called him about a blocked drain, he said it was up to me to fix it. Is this right?

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Yes. If your lease does not say anything about who is responsible for repairs, it is your responsibility to fix the drain. The Residential Tenancies Act does not place any obligation on a landlord to make repairs. The landlord has a responsibility under public health laws to be sure that property is sanitary and safe to live in, but that would not extend to a problem such as a blocked bathroom drain unless it becomes unsanitary.

The traditional view is that a landlord is responsible for major repairs outside the property, such as roofing, windows, and insulation. Minor matters inside the premises are the responsibility of the tenant. That is why it is important to deal with responsibility for repairs in the lease agreement, so that all parties know where they stand.

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This page was last updated in November, 2004.



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Content last reviewed 19:51, 4 May 2010.
 
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