What you need to know if your rental unit is damaged by flooding

Toronto’s recent deep freeze has led to numerous residential issues involving frozen and broken pipes that have caused extensive flooding.

What are your rights as a renter?

Here’s some crucial information about renter’s rights from the Landlord and Tenant Board of Ontario website.

In some cases, a disaster such as flooding can result in the termination of the tenancy.

• If the landlord does not wish to restore the unit immediately and make provisions such as a hotel to bridge the time, the tenancy could be terminated retroactively to the date of the flooding…

• The landlord should have had a reasonable opportunity to rectify the situation before termination is ordered.

• The landlord may be ordered to pay the reasonable costs the tenant has or will incur to replace property where the tenant’s property has been damaged, destroyed or disposed of as a result of the landlord’s breach.  These costs should only be awarded where repairing the property is not a reasonable alternative.

Source: http://www.ltb.gov.on.ca/en/Law/116332.html

Landlord responsibilities for rental properties according to the Residential Tenancies Act::

• electrical, plumbing or heating systems,
• appliances,
• carpets in the unit or common areas,
• walls, roofs, ceilings,
• windows, doors, locks, lighting,
• garages, laundry rooms, patios, walkways or pools.

Remedies Available to Tenants:

Inform the landlord

• If a tenant has a maintenance problem, the first thing they should do is make a written request to the landlord, asking the landlord to fix the problem.
• The tenant can write the landlord a letter, or in some cases, landlords have a “maintenance” or “work order” request form that can be completed.   The tenant should keep a copy of their written request.

If, after being informed, the landlord does not fix the problem within a reasonable time, the tenant can:

• report the problem to their local government or the Investigation and Enforcement Unit (IEU),
• file an application to the Board, or
• do both of these things.

Who to contact?

Contact the Landlord and Tenant Board

• visit the Board’s website at www.LTB.gov.on.ca
• call the Board at 416-645-8080 or toll-free at 1-888-332-3234

GTA offices:

East District Office
2275 Midland Avenue, Unit 2
Toronto, Ontario  M1P 3E7
Fax No. 416-314-8649 or 1-888-377-8808

North District Office
47 Sheppard Avenue East, Suite 700
Toronto, Ontario  M2N 5X5
Fax No. 416-314-9567

South District Office
79 St. Clair Avenue East, Suite 212
Toronto, Ontario  M4T 1M6
Fax No. 416-326-9838

Help for Tenants