Know your housing rights - Repairs

Project Genesis

If you are living in an apartment or a rooming house, you have the right to be treated according to the law and with dignity. Therefore, it is imperative that you know your housing rights.

It is the landlord’s responsibility to maintain the apartment in good condition, and make any necessary repairs (as long as they are not due to damage caused by the tenant). There are three main types of repair situations:

• Repairs that are not urgent: You should send a registered letter to the landlord requesting the repairs be done within 10 days. Project Genesis has a form letter for this. If repairs are still not done, after the 10 days, you can go to the Rental Board and fill out an application for one or more of the following:
• To deposit your rent at the Rental Board.
• To ask for a rent reduction.
• To ask for an order for the landlord to carry out the repairs.
• To ask for permission to withhold money from the rent to do the repairs.
• To ask for damages due to loss or inconvenience.
• To ask for cancellation of the lease.
• Urgent repairs (e.g.: pipes bursting): You must inform, or try to inform the landlord of the problem immediately (phone, visit, etc.). If it is impossible to reach the landlord, or s/he refuses to act, you can carry out the repairs, and either deduct the money from your rent payments, or claim the money back at the Rental Board. You will need to have proof that the repair was urgent (eg. witnesses, photos) and that you tried to contact the landlord, in case the landlord claims you illegally withheld your rent.
• Apartment unfit for habitation (eg. flood, heat cut off during winter): You can abandon your apartment. Within 10 days, you must send a registered letter to the landlord, stating your reason for abandoning. Before abandoning the apartment, make sure you have proof of the condition (witnesses, photos), in case the landlord denies it, and sues you for the rent. For problems involving health and safety you should also call the City of Montreal Inspection Dept. (514-872-3181 or 514-872-2237).

Project Genesis offers free information on many different issues, including housing rights. Services are free and accessible, with no appointment necessary. Call at 514-738-2036 or visit in person at 4735 Cote Ste-Catherine (in front of the metro, on the corner of Victoria street).