Renting in Toronto (Part 2): What to do when your home leaks?

For renters in Toronto, one of the most frustrating issues is “leaks”, whether it’s water seeping through exterior walls, a leaking roof, or plumbing issues in the bathroom or kitchen, these problems can lead to serious damage and disputes. So, under Ontario’s Residential Tenancies Act (RTA), who is actually responsible?

First, the RTA clearly states that landlords must ensure the rental property remains fit for habitation, which includes maintaining the building’s structure and waterproofing. If the leak is caused by an aging roof, wall cracks, or exterior damage, the landlord is responsible for prompt repairs. Even if the issue arises from weather conditions or normal wear and tear, the landlord still has a duty to fix it. If the landlord delays, tenants can file a complaint with the Landlord and Tenant Board (LTB) to request repairs or a rent reduction.

On the other hand, if the leak results from the tenant’s own negligence, for example, drilling into a wall and damaging pipes, leaving the tap running, or clogging drains with personal items, the tenant must pay for the repairs. Tenants are also required to notify the landlord immediately upon discovering the problem. Failure to do so could make them partially responsible if the damage worsens due to delay.

In severe cases, where leaks cause unsafe living conditions (such as mold growth or moisture near electrical wiring), tenants may temporarily stop using the affected area and should document all damages (with photos, videos, and written communications) for possible legal use later.

In summary, the Residential Tenancies Act protects tenants from suffering losses due to structural issues while also ensuring landlords’ rights are not abused. Understanding each party’s responsibilities and proper procedures is essential for a safe and fair renting experience in Canada.