In This Article
The Section 20 Standard
Section 20 of the Residential Tenancies Act is the foundation of Ontario landlord maintenance law. It states that a landlord is responsible for providing and maintaining a residential complex — including all rental units — in a good state of repair and fit for habitation, and for complying with all health, safety, housing, and maintenance standards.
Critically, this obligation applies even if the tenant knew about a deficiency when they moved in, and even if the tenant agreed to accept the unit "as is." A tenant's prior knowledge of a problem does not release the landlord from the obligation to fix it. You cannot contract out of section 20.
The "as is" clause doesn't work. Some landlords include language in leases saying the tenant accepts the unit in its current condition and waives repair claims. The LTB consistently rejects this. Section 20 obligations cannot be waived by agreement — only the RTA governs.
What You Must Maintain
The landlord's maintenance obligation covers the entire rental property — not just the interior of the unit. The following areas and systems are included:
| Area / System | Landlord's Obligation |
|---|---|
| Structure and exterior | Foundation, walls, roof, windows, and doors must be weathertight and structurally sound |
| Plumbing | Hot and cold running water, functional drains, no leaks |
| Electrical | Safe wiring, functioning outlets and fixtures, adequate service for normal household use |
| Heating systems | Functional heating capable of maintaining required temperatures (see vital services) |
| Appliances provided by the landlord | Refrigerator, stove, dishwasher, washer/dryer if provided — must be kept in working order |
| Pests and infestation | Landlord is responsible for extermination — even if caused by the building's existing condition |
| Common areas | Hallways, lobbies, parking, laundry rooms, shared outdoor spaces — all must be kept clean and safe |
Vital Services
The RTA defines certain services as "vital services" that the landlord must never interrupt, withhold, or reduce below minimum standards. These are treated with the highest urgency — a landlord who cuts off a vital service faces immediate LTB consequences.
| Vital Service | Standard |
|---|---|
| Heat | The rental unit must be maintained at a minimum of 20°C (68°F) from September 1 to June 15 of the following year. Some municipalities require higher minimums — check your local property standards bylaw. |
| Electricity | Must not be interrupted or withheld |
| Hot and cold running water | Must not be interrupted — hot water must be provided at a temperature safe for bathing |
| Fuel (gas) | Must not be interrupted if provided by landlord |
Never cut off utilities as leverage. Withholding heat, water, or electricity from a tenant — regardless of whether they owe rent — is an illegal act under the RTA. Tenants can file a T2 application and seek an immediate order plus compensation. The LTB takes vital service interference extremely seriously.
Common Areas
If you own a property with common areas — shared hallways, parking lots, laundry rooms, lobbies, exterior walkways — you are responsible for keeping them clean, safe, and in good repair. This includes:
- Snow removal and salting of walkways, stairs, and parking areas in winter
- Lighting in hallways, stairwells, parking areas, and entrances
- Functioning locks on main entry doors
- Cleanliness of shared laundry rooms and garbage areas
- Pest control in common areas
Tenant-Caused Damage — Different Rules
Section 20 does not require you to repair damage that was willfully or negligently caused by the tenant, their guests, or another occupant. However, the law requires you to distinguish clearly between:
- Normal wear and tear — scuffs on walls, worn carpet, minor nail holes. The landlord is responsible. This is the expected result of normal occupancy and cannot be charged to the tenant.
- Tenant-caused damage — holes in walls, broken fixtures, appliance damage caused by misuse. The tenant is responsible, and you can pursue compensation through the LTB.
To successfully claim tenant-caused damage, you need documentation: a move-in inspection report signed by both parties, photographs at move-in and move-out, and repair invoices. This is why the move-in inspection is critical — without it, you have no baseline to prove the damage didn't exist before the tenancy.
Response Time Expectations
The RTA does not specify exact response time deadlines for repairs, but the LTB applies a reasonableness standard that effectively creates urgency tiers. The more essential the issue, the faster your obligation to respond.
| Issue Type | Expected Response | Examples |
|---|---|---|
| Emergency — vital service failure | Immediate (same day) | No heat in winter, no hot water, flooding, electrical hazard |
| Urgent — habitability affected | Within 24–72 hours | No working stove, significant pest infestation, roof leak inside unit |
| Routine repairs | Within a reasonable timeframe (generally 1–4 weeks) | Broken appliance, dripping faucet, damaged flooring |
| Minor deficiencies | Within a reasonable timeframe | Cosmetic damage, minor wear items, non-essential fixtures |
What Tenants Can Do If You Don't Fix It
Tenants who report maintenance issues that a landlord fails to address have several options under the RTA:
- T6 application — Tenant Application about Maintenance. The tenant can file a T6 with the LTB claiming the landlord failed to maintain the unit. If successful, the LTB can order repairs, a rent abatement (reduction of rent for the period the issue existed), and compensation for costs incurred by the tenant.
- Rent abatement orders. The LTB regularly awards rent abatements of 5–30% of monthly rent for periods where maintenance issues made the unit less habitable. These orders apply retroactively to the period the issue existed.
- Work order and repair order. The LTB can order the landlord to complete specific repairs by a specific date, with continued hearings and consequences for non-compliance.
- Municipality and property standards. Tenants can also report maintenance issues to their local municipality under property standards bylaws, which may result in orders from a property standards officer independent of the LTB process.
Documentation Best Practices
The single most important thing you can do as a landlord is document every maintenance request and every repair response. This protects you if a tenant files a T6 claiming you ignored their requests.
- Require maintenance requests in writing (text, email) so there is a dated record
- Respond to requests in writing, even if just to confirm you've received them and will investigate
- Keep receipts and invoices for all repairs
- Photograph the issue before and after repair
- Note the date you received the request and the date repair was completed
- For complex repairs requiring a contractor, document the scheduling timeline
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Covers the move-in inspection process, maintenance documentation requirements, and 44 other steps before and after your tenant moves in. Free download.
Download Free →Maintenance Obligations Summary
- Section 20 of the RTA requires all units to be kept in a good state of repair — you cannot contract out of this
- Vital services (heat, water, electricity) can never be interrupted — even if the tenant owes rent
- Heat must be maintained at a minimum of 20°C from September 1 to June 15
- Common areas are your responsibility — including snow removal, lighting, and pest control
- Normal wear and tear is your responsibility; tenant-caused damage is theirs — but you need documentation to prove the difference
- Emergency repairs (vital service failures) must be addressed the same day
- Document every maintenance request and every repair response in writing
This article is for informational purposes only and does not constitute legal advice. Ontario tenancy law is regularly updated. Always consult a licensed paralegal or lawyer for your specific situation.