Landlord, not tenant, is responsible for organizing repairs to apartment unit
Q: My apartment needs some repairs. The closet doors are damaged and off the track, the bathroom sink drains very slowly and the bedroom could use a fresh coat of paint. However, based on what I have seen in another apartment, I don’t think my landlord will do a good enough job to suit me. Can I hire someone to do the repairs myself ? Can I withhold my rent to cover the expense?
A: You do not say whether your landlord is aware of the maintenance issues you describe. The first thing you should do is notify your landlord of the issues in the unit. The best practice would be to notify your landlord or superintendent in writing. Many landlords have a “work order” system for tenants to submit maintenance requests. Notifying your landlord is important because if you make the repair yourself without any authorization, you run the risk of not being reimbursed for those costs or even being obligated to pay for additional repairs.
Under the Residential Tenancies Act (RTA) landlords are responsible for maintaining the residential complex in a good state of repair, and tenants are responsible to avoid damaging the unit. If a tenant damages the unit while attempting to perform repairs or a renovation, then the tenant would be responsible for fixing that damage.
The standard that must be met is to perform repairs in a way that would be accepted as good workmanship by the relevant trade. Landlords are not responsible for upgrading or improving a rental unit. In your case, fixing the closet doors (or replacing them with closet doors of similar quality), using the same quality of paint and unclogging the sink would be required.
The crux of your question seems to be whether you can prevent the landlord from performing a repair to do it yourself. The simple answer is you cannot. If your landlord wants to perform the repairs, the RTA does not permit you to deny the landlord access to the unit. The RTA allows landlords to enter a unit in order to make a repair after giving 24 hours’ written notice, specifying the time and purpose of entry.
A tenant should not withhold any rent, even if a repair is urgent. If a tenant does that, the landlord can apply to have the tenant evicted for nonpayment of rent. If your landlord is refusing to undertake a repair you believe is necessary, you can apply to the Landlord and Tenant Board (LTB), and as part of that application you can ask the LTB to authorize a repair and order the landlord to pay the cost of it. Outside of that mechanism, you cannot keep your rent and use it toward repairs.
Your best bet is to discuss a reasonable solution with your landlord. If you want to replace the closet doors with something better, try offering to absorb the increased cost of better doors and having the landlord install them. If you want to change the colour of a room, try offering to have the room painted its original colour at the end of the tenancy. Check with your landlord if he or she wants you to use a chemical drain cleaner to clear the blockage in the sink, since opinion is divided on whether that is the best approach.