Common Space

Residential Tenancies Act, 2006, S.O. 2006, c. 17

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.

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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.

Cavaliere v Kogon, 2024 ONLTB 88820 (CanLII)

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.