Can my landlord refuse to fix the broken heater because I saw it was faulty when I moved in?

The situation

I moved into a small apartment in Ontario back on the first of September, and everything seemed fine at first. However, about two weeks ago, the heating system started making a loud banging noise and stopped blowing warm air altogether. It has been freezing in my living room for at least ten days now. I contacted my landlord, Mr. Henderson, via email on October 12th to let him know that the unit isn't staying warm enough to be livable. He replied yesterday saying that he won't be sending a technician to fix it because he claims I saw the radiator was leaking slightly during my initial viewing in August. He told me that since I signed the lease knowing the condition of the unit, it is my responsibility to deal with it. I have already tried calling him twice more and even sent a formal letter requesting a repair, but he insists that the condition was pre-existing and therefore his problem. I am worried about the cost of my electricity bills going up because I have to use three portable space heaters just to stay warm at night. Does he actually have to fix the heating even if I knew about the minor leak before I moved in?

Detailed Analysis

Under the Residential Tenancies Act, Mr. Henderson has a legal obligation to ensure your apartment is functional and safe. Specifically, the law states that "A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation..."^[1]. This means he must ensure your heating system works properly to keep the unit livable.

Mr. Henderson's argument that you are responsible because you saw the leak in August is incorrect. The law is very clear on this point: "Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement"^[1]. Even though you noticed a minor leak during your August viewing, the responsibility to fix the heating system and maintain a good state of repair stays with him.

Furthermore, heating is considered a vital service. A landlord is prohibited from withholding or interfering with the "reasonable supply of any vital service"^[2]. Because you are currently unable to stay warm without using portable space heaters, this situation may constitute a breach of his obligations.

If Mr. Henderson continues to refuse repairs, you have the right to seek help from the Landlord and Tenant Board. You may apply for an order to force him to comply with his maintenance duties^[3].

Please note that state, provincial, or local laws may add further rules, and you should check with the Landlord and Tenant Board for specific local regulations.

Statutory Citations

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