Habitability Standards in Ontario
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Every landlord in Canada has a legal duty to provide safe, livable housing that meets building code standards. This includes working plumbing, electrical systems, heating, and pest control.
Your landlord cannot waive these obligations through a lease clause. Even if your lease says "as-is" or "tenant responsible for repairs," the law overrides those terms.
Vital services — heat, water, and electricity — receive special protection. Landlords are prohibited from cutting off these services for any reason. In Ontario, landlords must maintain a minimum temperature of 20°C from September through June.
When does it apply?
- All residential rental units from the start of your tenancy to the end.
- Your landlord's obligation exists regardless of whether you report a problem.
- Covers apartments, houses, rented rooms, and most other residential units.
What to Do If Your Canadian Rental Unit Is Uninhabitable
- Notify your landlord in writing — email or a letter — describing the problem clearly.
- Give a reasonable timeframe to fix it: 24 hours for urgent issues (no heat, burst pipe, gas leak), 1–2 weeks for non-urgent repairs.
- If your landlord does nothing, contact municipal bylaw enforcement for a property inspection.
- File a tribunal application: Ontario — Form T6 at the LTB; BC — RTB complaint; Quebec — TAL application.
What should you NOT do?
- Don't withhold rent — in most provinces, this is not a legal remedy and can lead to eviction.
- Don't do major repairs yourself without following your province's process. You may not be reimbursed.
- Don't ignore problems like mould or pest infestations. They get worse over time and can affect your health.
- Don't move out without proper notice — even if conditions are bad, you still need to follow the legal process.
How Ontario differs from federal law
Ontario landlords must maintain rental units in a good state of repair and comply with health, safety, and maintenance standards under the Residential Tenancies Act, 2006 and municipal property standards bylaws.
- Section 20 of the RTA requires landlords to maintain the rental unit and the building in a good state of repair, fit for habitation, and compliant with health, safety, housing, and maintenance standards.
- Ontario's Maintenance Standards regulation (O. Reg. 517/06) sets minimum standards including: heating must maintain at least 20°C from September 15 to June 1, adequate plumbing, working smoke and carbon monoxide detectors, pest-free premises, and structural soundness.
- Municipalities across Ontario set their own property standards bylaws that may go beyond the provincial minimums. Municipal bylaw enforcement officers can order repairs.
- If your landlord fails to maintain the unit, you can file a T6 application (Tenant Application about Maintenance) with the LTB. The LTB can order repairs and rent abatement (a reduction in rent to compensate for the substandard conditions).
- You cannot withhold rent on your own to force repairs — Ontario law requires you to keep paying rent and use the LTB process instead.
Additional Steps in Ontario
Notify your landlord of the problem in writing (email or letter) and keep a copy. If they do not fix it within a reasonable time, file a T6 application with the LTB. You can also call your municipality's property standards/bylaw enforcement department to report violations. Take photos and keep records of all communications. Community Legal Clinics can help you file LTB applications at no charge.
Relevant Law: Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 20 (Landlord's Responsibility to Repair); O. Reg. 517/06 (Maintenance Standards)
Common Questions
When does habitability standards apply?
All residential rental units from the start of your tenancy to the end.Your landlord's obligation exists regardless of whether you report a problem.Covers apartments, houses, rented rooms, and most other residential units.
What should I do if my rental unit in Canada has serious maintenance or habitability problems?
Notify your landlord in writing — email or a letter — describing the problem clearly.Give a reasonable timeframe to fix it: 24 hours for urgent issues (no heat, burst pipe, gas leak), 1–2 weeks for non-urgent repairs.If your landlord does nothing, contact municipal bylaw enforcement for a property inspection.File a tribunal application: Ontario — Form T6 at the LTB; BC — RTB complaint; Quebec — TAL application.
What mistakes should I avoid with habitability standards?
Don't withhold rent — in most provinces, this is not a legal remedy and can lead to eviction.Don't do major repairs yourself without following your province's process. You may not be reimbursed.Don't ignore problems like mould or pest infestations. They get worse over time and can affect your health.Don't move out without proper notice — even if conditions are bad, you still need to follow the legal process.
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