Repairs & Cleaning
In almost all cases, landlords are responsible for repairs and maintenance in a rental unit. This does not include small maintenance tasks like changing light-bulbs or providing garbage bags. Landlords cannot put the cost of repairs and maintenance onto tenants and the lease rules cannot say that tenants are responsible for doing or paying for repairs.
The only instance in which a tenant could be held responsible for doing repairs is if they or their guest caused the damages through their own negligence or incompetence. This includes things like holes in the wall from parties, or water damage from a leak that was not reported to the landlord.
Tenants cannot decide to do repairs on their own or deduct money from their rent for doing repairs unless they have an Order from Residential Tenancies giving them permission to do so. If a tenant tries to do repairs and does more damage to the property, they could be held financially responsible for those damages.
Cleaning is only the landlord’s responsibility in common areas (including dumpsters, laundry rooms, hallways, and outdoor space). Tenants are responsible for the ordinary cleanliness of their unit. See Tenant Responsibilities for more.
See our Resources for template letters to send to your landlord to notify them of- or demand- repairs.
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A large number of tenants struggle to get repairs done. Often times this is because landlords simply don’t want to spend the money. In some instances, landlords will deliberately not do repairs so they can do a renoviction (see Renovictions & Demovictions) later and flip the unit for more money. Tenants on fixed term leases or other precarious housing situations often don’t want to ask for repairs because they’re afraid the landlord will retaliate or not renew their lease.
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Always inform a landlord in writing of any repair issues that come up as soon as possible. Try to follow up multiple times if they do not respond or do the repairs.
If you are living in a municipality with a Standards of Maintenance bylaw, you can call City Bylaw to ask for an inspection. In some instances, landlords can be ordered to do repairs.
Tenants living with ongoing or dangerous repair issues may be able to file for money back on their rent, see Getting Your Rent Back for more details.
Tenant organizing and public pressure has been very successful in winning repairs and maintenance in rental units. If you are dealing with substantial repair issues, it’s likely your neighbours are too. See Advocacy & Organizing for more information.
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A mold outbreak or the finding of asbestos may suggest that the premises is not fit for habitation and lead to an end to the tenancy. (Johnson v. Sarty, 2019 NSSM 17)
A landlord must do repairs promptly after the need becomes apparent, and tenants should be compensated for inconvenience. (J&V Development v. Moulton, 2004 NSSM 28)
A need for a minor repair can become a breach of the Statutory Conditions if the landlord is notified and still doesn’t do the repair (Lever v Ayer, 1995 CanLII 4501 NS SC)
