The landlord is responsible for providing and maintaining the rental unit in a good state of repair and fit for habitation and in compliance with health, safety and housing standards. It does not matter if the tenant was aware of the state of non-repair before they entered into the tenancy agreement. If a landlord does not maintain the property, the tenant can file an application with the Landlord and Tenant Board for an order to have the repairs done as well as an abatement of rent and reimbursement for any repairs they have done themselves. Although the Residential Tenancies Act does not permit a tenant to withhold rent because of maintenance issues, many tenants will do this to encourage the Landlord to bring a non-payment of rent application to the Board at which time the tenant can bring up the maintenance issues.

As of July 21, 2020, tenants are required to provide advance written notice to landlords of their intention to raise these issues at the hearing and they must give such notice in accordance with the Landlord and Tenant Board rules.