Common Space: Difference between revisions

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:(d)  maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair;
:(d)  maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair;


:<b>(e)  maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair;</b> and
:<b><u>(e)  maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair;</b></u> and


:(f)  repairing damage to a tenant’s property, if the damage is caused by the wilful or negligent conduct of the landlord.  
:(f)  repairing damage to a tenant’s property, if the damage is caused by the wilful or negligent conduct of the landlord.  

Revision as of 14:37, 11 February 2025

Residential Tenancies Act, 2006, S.O. 2006, c. 17[1]

Landlord’s responsibility to repair

20 (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.

(...)

Responsibility of landlord

161 In addition to a landlord’s obligations under section 20, a landlord is responsible for,

(a) removing or disposing of garbage or ensuring the availability of a means for removing or disposing of garbage in the mobile home park at reasonable intervals;
(b) maintaining mobile home park roads in a good state of repair;
(c) removing snow from mobile home park roads;
(d) maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair;
(e) maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and
(f) repairing damage to a tenant’s property, if the damage is caused by the wilful or negligent conduct of the landlord.

[1]

O. Reg. 516/06: GENERAL[2]

Exterior common areas

26. (1) Exterior common areas shall be maintained in a condition suitable for their intended use and free of hazards and, for these purposes, the following shall be removed:

1. Noxious weeds as defined in the regulations to the Weed Control Act.
2. Dead, decayed or damaged trees or parts of such trees that create an unsafe condition.
3. Rubbish or debris, including abandoned motor vehicles.
4. Structures that create an unsafe condition.
5. Unsafe accumulations of ice and snow. O. Reg. 517/06, s. 26 (1).

(2) An inoperative motor vehicle or trailer that has remained in an exterior common area for more than a reasonable amount of time shall be removed. O. Reg. 517/06, s. 26 (2).

(3) Wells and holes in exterior common areas shall be filled or safely covered and the wells shall also be protected from contamination.

(...)

Common areas

44. (1) All interior common areas and exterior common areas shall be kept clean and free of hazards. O. Reg. 517/06, s. 44 (1).

(2) For the purpose of subsection (1),
“interior common areas” includes laundry rooms, garbage rooms, corridors, lobbies, vestibules, boiler rooms, parking garages, storage areas and recreation rooms.Common areas

[2]

Cavaliere v Kogon, 2024 ONLTB 88820 (CanLII)[3]

33. It is the Landlords’ responsibility to maintain the rental unit and residential complex in a good state of repair. The Landlords’ responsibility is triggered a soon as the Landlords know or ought to have known about the problem. The Landlords cannot shield themselves from responsibility by feeling of intimidation. Once the Landlords know of the disrepair, they have to repair it regardless of how they may feel.


34. With respect to the garbage, while the Tenant said the Landlords agreed to remove the garbage items from the common area, they did not provide any submissions with respect to complaints to the Landlords after the initial meeting on or around June 25, 2022. In my view, neither the Tenant nor the Landlord provided overly persuasive evidence on this issue. As a result, I find the Tenants led insufficient evidence to establish that, on a balance of probabilities, the Landlords are in breach of their maintenance obligations.

[3]

References

  1. 1.0 1.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17>, retrieved 2025-02-11
  2. 2.0 2.1 O. Reg. 517/06: MAINTENANCE STANDARDS, <https://www.ontario.ca/laws/regulation/060517>, retrieved on 2025-02-11
  3. 3.0 3.1 Cavaliere v Kogon, 2024 ONLTB 88820 (CanLII), <https://canlii.ca/t/k8j22>, retrieved on 2025-02-11