Renting an apartment, condominium, or single-family home can come with many perks and financial benefits. However, some tenants tend to have discrepancies with their landlords regarding their obligations towards repairs, maintenance, and the cost of fixing any damages.
Many often wonder whether the tenant is responsible for water damage in Toronto, and the answer depends on the circumstances and the depth of liability each party has based on their lease or rental agreement.
Buttonwood Property Management emphasizes the importance of the Residency Tenancy Act (RTA) and encourages all new and current tenants, landlords, and prospective rental property owners to carefully review the RTA. The Residential Tenancies Act outlines the responsibilities of each party and can be used as a legal guideline for understanding the rules in the event of water damage to a rental unit.
Tenant And Landlord Responsibilities During Tenancy
In this piece, we will only cover the basic responsibilities of the tenant and the landlord during their tenancy. There may be additional prerequisites that will need to be fulfilled by each party before occupancy after the lease has been signed and before a tenant is required to vacate the property.
Tenant Responsibility During Tenancy
Though a thorough inspection would have been completed before the tenancy or occupancy of the rental unit, a tenant has ongoing tenant responsibilities throughout the duration of their lease or rental agreement, which include:
- Maintenance: Tenants are responsible for informing the landlord about any maintenance issues in or around the property. Although the lease agreement will stipulate which areas of the property the landlord is responsible for, taking action sooner will avoid further damage.
- Repairs: A tenant should inform the landlord about any repairs needed to the property. This may include fixing a leaking faucet or a broken pipe or making necessary repairs to any damage caused by external forces and not by the tenant.
- Damages: If the property sustains any damages that were not caused by the tenant, they should inform the landlord within a timely manner. There may be additional requirements for certain damages on the property, however, the tenant will likely take full responsibility for any damages they have caused on the property.
- Sanitation: The tenant is responsible for keeping the rental unit clean and free from any unhygienic activities that may cause damage. A tenant should inform the landlord about any sanitation issues that they may have found during their occupancy that were not addressed prior to the move-in inspection.
- Assist with inspections: Throughout the tenancy, a landlord may request to conduct inspections on the property or inspect any possible maintenance or repair issues. Tenants should assist with these inspections by directing the landlord or any maintenance workers to the issue, providing the landlord or maintenance crew access to the property, and ensuring they have given proper notice to the tenant to resolve the problem.
- Understand rental codes and obligations: Depending on the lease or rental agreement, the landlord will inform the tenant about any additional rules or obligations they will need to comply with throughout their tenancy. These provisions should be carefully considered, and the tenant is responsible for complying with these renting codes.
Landlord Responsibility During Tenancy
Prior to the tenancy, the landlord and tenant should have conducted an initial inspection whereby both parties could point out any issues or problems with the property and ensure that amendments are made to the tenancy agreement should this be needed. During the tenancy, the landlord responsibilities may include:
- Maintenance: Based on the lease or rental agreement, the landlord would be responsible for the maintenance of the property, including fixing any leaking faucets, or replacing outdated water appliances that may be causing potential water damage to the property or rental units.
- Repairs and upkeep: Any repairs needed on the property that was not brought on by the tenant, but rather by external factors or wear and tear will be the responsibility of the landlord.
- Assist with repairs and maintenance: Should the tenant have informed the landlord in advance about any possible repair and maintenance problems, the landlord will then be responsible for providing a necessary solution. This might include hiring a team of professionals to conduct an inspection and resolve the problem, or oversee the repairs themselves.
- Provide notice: In the event of water damage, the landlord should provide all tenants with proper notice before entering the rental unit. Typically the notice period will be stipulated in the agreement, but if not, the average notice period for repairs is 24 hours, unless it is an emergency.
- Provide access to utilities: A landlord is responsible for providing access to utilities such as heating, energy, water, and gas. Any utility access that is privatized on the rental property should be maintained and repaired by the landlord in the event of damage. Furthermore, the landlord is responsible for providing notice to the tenant should there be any possible interruptions.
Residential Tenancy Act Exclusions
There are specific limitations on the people or form of tenants covered by the housing and occupancy codes. The responsibilities and rules outlined in the Tenancy Act will most likely not apply to individuals living in:
Emergency Shelters: These include housing units or shelters provided to individuals who are temporarily unhoused due to external factors or are currently at risk of becoming unhoused in the foreseeable future. Examples include places of worship or non-profit and non-government shelters.
Hospitals or nursing homes: Individuals currently living in long-term care facilities such as assisted living, memory care homes, adult daycare centers, or independent living centers.
Prison: Any individual that has been confined to prison due to unlawful actions and behaviour.
Student residents or dormitories: There are specific rules and responsibilities outlined for student housing, and individuals are advised to review these guidelines beforehand. Student residencies and dormitories operated by private and public institutions will have separate guidelines for occupants.
Temporary or seasonal use units: Descriptions of temporary or seasonal housing can differ between each province, however, the broad explanation may include a unit located within a condominium or cooperative housing. These may include housing units that are located in transient public lodging but are not considered or deemed as timeshare lodging.
People not on a lease: Any person or persons that have not formally signed a lease or rental agreement with a landlord are not included under the Tenancy Act.
Other: Renters that share a kitchen or bathroom with their landlord or a member of their immediate family.
Is The Tenant Responsible For Water Damage In Toronto?
The answer is double-sided and involves various levels of liability. On the one hand, a tenant may not be liable for water damage should the damage be caused by external factors that did not directly involve the tenant. These may include:
- Leaking faucet
- Broken or leaking pipes
- Improper installation of wet appliances (washing machine or dishwasher)
- Poor installation or maintenance of doors and windows
- Ineffective drainage systems in and around the rental unit
As a likely property owner, you are encouraged to contact the tenant board for further assistance on any possible damages that may not be covered by tenant insurance or in the lease agreements. Keep in mind that there are specific lease agreement arrangements for rent deposit, rent paid and reasonable costs associated during the rental period that will be the landlord’s responsibility.
A tenant may be responsible for covering the cost of water damage, should they have been found or believed to be involved in directly causing water damage. These may include:
- Improper use of wet appliances
- Moving wet appliances without prior consent or assistance from the landlord
- Improper use of faucets and taps
- Intentionally overflowing bathtubs or wash basins
- Providing insufficient notice about possible maintenance and repairs
- Intentionally leaving windows and doors open
There are plenty of additional considerations that might hold a tenant accountable for covering water damage in their rental unit in Toronto. It’s important that a tenant carefully review and read their lease or rental agreement before signing.
Additionally, conducting a thorough inspection of the property before the agreement has been signed or before initial occupancy is important. This initial inspection should involve both the primary tenant on the agreement and the landlord or any applicable third party.
Final Thoughts
Renting can be beneficial for any individual seeking more flexibility and improved financial benefits. However, when it comes to repairs, maintenance, and damage to the rental properties, both the tenant and the landlord hold equal responsibility for ensuring that any issues are addressed immediately before they become bigger or costlier problems in the near future.
If you’re looking for a new home, or simply in the market for a team of experts to handle all your rental property needs, Buttonwood Property Management understands your needs, and has years of experience in delivering bespoke property management solutions to all our clients.
