Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
Yes. If the city determines the unit does not meet building, fire, or safety standards, it is generally the landlord’s responsibility to correct it, even if the tenant reported it. A tenant has the right to contact bylaw or municipal inspectors if there are safety concerns. The fact that the tenant made the complaint does not remove your legal responsibility. Retaliating against the tenant for making a safety complaint can also create further legal problems. Focus on correcting the issue and ensuring compliance.
Yes, you should address it. Landlords are responsible for maintaining the property and ensuring health and safety standards are met. If one tenant’s conduct is creating pest issues, sanitation problems, or interfering with the reasonable enjoyment of other tenants, you must address it as you have a duty to all your tenants. Start with written warnings and clear instructions to stop the conduct. If it continues, an N5 may be appropriate for substantial interference. If you fail to act on the matter, then the other tenants can file an application against you.
Landlords are responsible for maintaining the unit in a good state of repair, but tenants are also responsible for repairing willful or negligent damage caused by themselves, their guests, or in this case their pets. If the mould is being caused by the tenant’s dog repeatedly relieving itself on the baseboards, the tenant will be held responsible, provided you can prove this. You should document the issue carefully with inspection reports, photos, repair invoices, and written communication. You can serve an N5 for damage and seek an eviction order, as well as reimbursement for the cost of repairs. Continue addressing health and safety concerns but make sure you preserve evidence showing the cause of the mould.
You need to follow the Ontario Fire Code and possibly the Ontario Building Code. It is advisable to get answers related to fire safety directly from the Office of the Fire Marshall at https://www.ontario.ca/page/office-fire-marshal
Here is an interactive service directory map from the Second Suites website which you may find helpful. Even though your building has eight units, much of the same information applies. Just zoom in and click on the area where the building is located and it should give you some useful information page links, including the appropriate office dealing with fire services for the area.
The landlord should serve the tenant with an N7 notice based on safety, which is a 10-day notice to terminate the tenancy early, and follow up with an L2 application to the Landlord and Tenant Board.
If a tenant is tampering with fire safety equipment such as smoke alarms or fire extinguishers, it can pose a serious safety risk to others in the building. Under the RTA, if a tenant causes damage to the rental property, a landlord may serve an N5 notice which gives the tenant seven days to correct the issue, they can the file an L2 Application with the Landlord and Tenant Board if the behavior continues. In more serious situations where safety is significantly endangered, a landlord may consider an N7 Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex, although this requires meeting a higher legal threshold.
It is the landlord’s responsibility to provide smoke detectors for the rental unit which must be located on every level of the home and a minimum of a 2A portable fire extinguisher must also be provided. If you need more information about the Fire Code requirements contact the Fire Marshall’s office at https://www.ontario.ca/page/office-fire-marshal
Tenants are not permitted to tamper with the smoke detectors, contact your municipal fire inspector to report this situation. If the tenant has contravened the Ontario Fire Code, the local fire department can issue a ticket.