Tenant’s hoarding of newspapers a direct violation of Fire Code
QUESTION:
I recently inspected the smoke detectors in the apartments in my building. I noticed that one tenant is hoarding newspapers and magazines in the unit. She has them all over the floor and in many cases piled up to the ceiling. Having all that paper that can burn must be a fire hazard. What I can do to get the tenant to clean up the apartment?
ANSWER:
It is important that you act as quickly as possible to address the dangerous situation. The laws governing the situation are the Residential Tenancies Act (RTA) and the Ontario Fire Code (made under the Fire Protection and Prevention Act).
The Fire Code requires that there be free routes into and out of the unit and between rooms. It also prohibits combustible waste materials, such as old newspapers, from accumulating in quantities or locations that will constitute a fire hazard, including being left around heat and ignition sources such as stoves and baseboard heaters.
If a fire inspector finds these violations, he or she can issue a ticket against the tenant who has caused the violation or against the landlord (for allowing the violation). If a landlord has done everything he or she reasonably can to enforce the Fire Code (and can prove that), then the landlord is not likely to be found liable. Absent that due diligence, the landlord could well also be liable for any damages that occur. (That also applies to other safety issues such as maintaining the required smoke detectors in working order.)
As part of the landlord’s duty to comply with all housing standards required by law, you need to act to make tenants comply with the Fire Code by stopping the piling up of old newspapers.
Communicating your concerns about fire safety to your tenant should be your first step. For your own protection (including protection against a charge from the fire department), you are best to give notice to the tenant in writing. Try to obtain a commitment from her to de-clutter the unit and eliminate the fire hazard. If the tenant is a smoker, insist that she not smoke in her unit prior to cleaning up her unit, as smoking in the unit would make the fire risk higher.
If an initial letter requiring the tenant to remove the hazard does not work, then you ought to serve the tenant a notice of termination for illegal act or for interfering with safety. Hopefully, that notice and a discussion can make it clear to the tenant that the issue is taken very seriously, and she will comply.
If the tenant has not complied, then you can apply to the Landlord and Tenant Board (LTB) for an order terminating the tenancy and evicting the tenant. Unlike the situation for other grounds of termination, the RTA does not give the tenant an automatic right to remedy the problem within seven days, and save their tenancy. For illegal act or impairing safety a landlord can apply for termination immediately after giving the notice of termination. The LTB is likely to order the tenant to restore and maintain safety, and to allow the landlord to come back to the LTB if the tenant again creates an unsafe situation.
If the accumulation of newspapers is due to a mental disorder, you have an obligation under the Human Rights Code to work with the tenant so they can get help to eliminate the hoarding. You ought to communicate with the tenant’s family or support worker to get help to resolve the situation. A possible resource for the tenant or their family is Bowen & Associates Inc., who can be reached at 613-523-4038.
Send questions for rental experts or suggestions for topics to Rental Guide, c/o Advertising Features, Ottawa Citizen, 1101 Baxter Road, Ottawa, K2C 3M4 or by e-mail to advertisingfeatures@ottawacitizen.com. Selected questions will be answered in future columns only. For immediate assistance call the Landlord Tenant Board at 1-888-332-3234.