Sarah moved into her one-bedroom apartment on Jan. 1, 2021. On Jan. 2, she noticed a leak in the ceiling and immediately notified the landlord via email.
Two weeks went by without a reply from the landlord.
On Jan 16, the ceiling had a partial collapse. Sarah took pictures and emailed them to the landlord. The landlord responded that he could not get the ceiling repaired because of Covid.
Frustrated, Sarah called three contractors, each of whom said they could come and do the repair. Sarah emailed the landlord with this information. He said that he was going to get his friend to do the repairs, but that wouldn’t be for a few months.
What can Sarah do? Can the landlord evict her for requesting that repairs be done?
No, Sarah cannot be evicted. She followed the correct steps.
When a tenant notices a maintenance issue, they should ASAP notify the landlord in writing. The request should be made in writing so that there is a record of the request as evidence that can be used at a Landlord and Tenant Board (LTB) hearing if needed.
Tenants can file a T6 Application with the LTB for maintenance issues. Often there is no charge to file this application if your income is low.
A T6 Application provides remedies to a tenant if the LTB decides that the Landlord was not fulfilling his maintenance obligations.
These remedies can include a rent abatement, reimbursements of costs to repair or replace property that was damaged or disposed of, reimbursement of out-of-pocket expenses, and reimbursement of costs for repairs the tenant had to complete.
Other remedies may include a Board Order demanding the landlord do the required repairs, freezing any rent increases, and/or ending the tenancy.
It is essential when completing a T6 Application that the tenant include what the maintenance issue is, the date the tenant noticed it, when the tenant notified the landlord, and how long it took the landlord to address the issue.
T6 Applications take time to be scheduled and are often not heard until 3-4 months after they have been filed.
You can also file a T6 Application after you have moved out. You have up to a year after the maintenance issue occurred to file the application.
What can Sarah do in the meantime? She can call the Rental Housing Enforcement Unit (RHEU), which is part of the Ministry of Housing. The Unit has the power to investigate landlords and tenants and to prosecute parties in Provincial Offenses Court. Their phone number is 1-888-772-9277.
Sarah can also contact the Property Standards and Building Inspector at the Municipality who has the power to order repairs to be done.
If you have questions about a T6 Application, or your landlord is threatening to evict you for requesting repairs, contact the Chatham-Kent Legal Clinic for advice.
Jeff Wilkins, CKLC Licensed Paralegal (www.cklc.ca, 519-351-6771)
