Under the Residential Tenancies Act, 2006, every landlord in Ontario has a legal obligation to maintain a rental unit in a good state of repair, fit for habitation, and in compliance with all applicable health, safety, housing, and maintenance standards — regardless of what the lease says. This obligation cannot be contracted out of. A clause in a lease that purports to make the tenant responsible for repairs is unenforceable under the RTA.
When a landlord fails to meet this obligation, the tenant's remedy is the T6 Application About Maintenance. A successful T6 application can result in an order requiring the landlord to complete specific repairs, a rent abatement for the period the problem existed, and in serious cases, fines payable to the Board.
What Qualifies as a Maintenance Failure
The LTB interprets the landlord's maintenance obligation broadly. Issues that commonly support a T6 application include:
- Mould and moisture — especially in bathrooms, kitchens, and around windows; mould that poses a health risk is taken seriously by the Board
- Pest infestation — cockroaches, rodents, bedbugs, and similar infestations the landlord has failed to eradicate
- Heating failures — the landlord must maintain a minimum indoor temperature of 20°C from September 1 to June 15; failure to do so is a clear breach
- Plumbing problems — leaking pipes, broken fixtures, inadequate water pressure, or loss of hot water
- Structural deficiencies — broken doors, windows that don't close or lock, damaged floors, ceiling failures
- Appliances provided by the landlord — if the stove, refrigerator, dishwasher, or other appliances were included in the tenancy, the landlord is responsible for keeping them in working order
- Common area failures — broken elevators, inadequate lighting in hallways, non-functioning laundry facilities
- Electrical problems — faulty wiring, non-functioning outlets, inadequate electrical service
The standard is good state of repair, not perfect condition. Normal wear and tear is expected. The question is whether the landlord is maintaining the unit to a standard that is reasonably fit for habitation and compliant with applicable standards — not whether it is brand new.
Before You File: Document Everything
The strength of a T6 application depends almost entirely on documentation. The LTB will want to see evidence that the problem existed, that the landlord knew about it, and that it was not resolved in a reasonable time. Start building your record the moment you notice a problem.
Written Repair Requests
Notify your landlord of every maintenance problem in writing — by email or text, not just verbally. This creates a dated record showing when the landlord was first informed. Keep copies of every message. If you spoke to the landlord verbally, follow up the same day with a written message confirming what you discussed.
Photographs and Video
Document the problem visually on the day you discover it and at regular intervals if it worsens or persists. Make sure the date and time metadata is preserved on your photos. If the problem is intermittent (a heating failure, for example), record each occurrence with dated notes.
Inspection Reports
If your municipality has a property standards by-law — and most do — you can request an inspection from the local property standards officer. An official inspection report confirming the problem carries significant weight at the LTB and can shortcut the need to prove the underlying condition existed.
Medical and Cost Records
If the maintenance failure has caused health problems or required you to spend money (on portable heaters, bottled water, pest control products, accommodation elsewhere), keep receipts and medical records. These can support claims for out-of-pocket costs in addition to a rent abatement.
How to File a T6 Application
The T6 is filed with the Landlord and Tenant Board. You can file online through the Tribunals Ontario portal, in person at an LTB office, or by mail. The current filing fee is $53.
On the form, you will describe the maintenance issues, when they began, what you did to notify the landlord, and what remedy you are seeking. Be specific: the address of the unit, the nature of each problem, the approximate date it started, and what the landlord's response was (or wasn't).
After filing, the LTB will schedule a hearing and send notice to both you and your landlord.
Raising Maintenance at an L1 Hearing (Section 82)
If your landlord has filed an L1 application to evict you for non-payment of rent, you do not necessarily need to file a separate T6 to raise maintenance issues. Section 82 of the RTA allows tenants to raise maintenance and other issues at an L1 hearing without having filed a T6, provided you give the landlord reasonable advance notice of the issues you intend to raise.
A successful Section 82 argument can result in a rent abatement that reduces or eliminates the arrears the landlord is claiming — turning a potential eviction into a resolution that keeps you in your home. This is one of the most powerful remedies available to tenants facing L1 proceedings and is frequently underused because tenants don't know it exists.
Notice is required. To raise Section 82 issues at an L1 hearing, you must give the landlord advance written notice of the specific problems you intend to raise. Springing new issues at the hearing without notice will likely result in the adjudicator refusing to hear them, or adjourning the hearing to give the landlord time to prepare — which delays resolution for you.
What the LTB Can Order
If the T6 application is successful, the adjudicator can make any combination of the following orders:
Rent Abatement
The most common remedy. A rent abatement is a percentage reduction in rent for the period during which the maintenance problem existed and the landlord was aware of it. The percentage is determined by the severity of the problem and the extent to which it interfered with your use and enjoyment of the unit. A minor nuisance might warrant a 5–10% abatement; a serious health hazard like unaddressed mould or a prolonged heating failure can result in abatements of 25–50% or more.
Repair Order
The LTB can order the landlord to complete specific repairs by a specific date. If the landlord fails to comply, you can file for enforcement and the Board may impose additional penalties.
Fine
In serious cases, the LTB can order the landlord to pay a fine to the Board (not to you) as a punitive measure. Fines are reserved for significant and deliberate failures — they are not the norm in most T6 proceedings.
Out-of-Pocket Costs
If you incurred actual expenses as a result of the maintenance failure — hotel costs during a heating outage, pest control products you purchased yourself, replacement of belongings damaged by a leak — you can claim those amounts as well, with receipts.
Related Guides
- How to Fight an Eviction — using Section 82 to raise maintenance issues at an L1 hearing without a separate T6
- What to Expect at an LTB Hearing — how the T6 hearing process works and what to bring
Dealing with a Landlord Who Won't Make Repairs?
Jolanta can review your situation, assess whether a T6 application or a Section 82 argument is the right approach, and advise you on how to build the strongest possible record. Call to discuss your matter.
Call 226-240-4460