Landlord Responsibilities for Mold and Water Damage in Ontario

Landlord responsibility for mold in Ontario comes down to the duty to maintain the rental unit and the building in a good state of repair and to meet health, safety and housing standards. In practice that means fixing the leak or defect that caused the mold and removing the mold itself, within a reasonable time of learning about it. Tenants can be responsible for damage they cause through their own conduct. What follows is general information, and a paralegal or lawyer who handles Landlord and Tenant Board matters can advise on a specific case.

What landlord responsibility for mold in Ontario covers

The maintenance duty applies to the things an owner controls: the roof, the foundation, the plumbing, windows, heating and ventilation. If water gets in through any of those, the resulting damage is generally the owner's to repair. The duty generally applies even when the lease says otherwise and even when the tenant knew about a problem at move-in.

Municipal property standards by-laws sit alongside the provincial rules. A tenant can call the by-law office, and an inspector can issue an order with a deadline. Tenants can also apply to the Board, which can order repairs and reduce rent for the period a problem went unaddressed. Slow responses are what tend to turn a repair bill into a larger dispute.

How to respond to a mold or leak complaint

1. Acknowledge the complaint in writing the same day, and keep the message.
2. Give proper notice of entry. This is generally 24 hours in writing, stating the reason and a time window. An active leak is an emergency and can be attended to right away.
3. Inspect and find the moisture source. Use a moisture meter, not only your eyes. A stain tells you where water ended up, not where it came from.
4. Fix the cause first. Stop the leak, repair the fan, clear the drain.
5. Have the mold removed properly. Wet or moldy drywall, carpet pad and insulation are taken out under containment, and the framing is cleaned and dried before anything is closed in.
6. Document the work with photos, readings and invoices.
7. Tell the tenant in writing what was found, what was done and when it was finished.

Painting over mold, or bleaching the surface of drywall that is wet behind, does not meet the standard. The growth returns, the tenant now has photos of both rounds, and the record shows the first repair was cosmetic.

Fast action on water damage protects the building

Mold can start on wet drywall and carpet within about 24 to 48 hours. For a landlord, a tenant's call about a leak is the cheapest moment to act. Extraction and drying started the same day often saves the flooring and most of the walls. The same leak left for a week becomes a tear-out, and in a multi-unit building it travels to the unit below.

Make sure every tenant knows where the unit's water shutoff is and how to reach you or your manager after hours. Automatic shutoff valves with leak sensors are worth considering for units with a history of leaks or tenants who travel.

When the tenant's habits are part of the cause

Some mold is driven by how a unit is used: no fan during showers, laundry dried indoors, heat turned very low, furniture tight against cold walls. Before blaming the tenant, check that the building gives them a fair chance. A bathroom fan that makes noise but moves no air, or one that vents into the attic, is the owner's problem. So is a basement unit with no dehumidifier and no way to air it out.

If the equipment works and habits are the cause, deal with it in writing and keep it factual. Explain what you found and what needs to change. Humidity readings from the unit help, since they show a pattern without making it personal. If damage continues, get legal advice on your options before you bill the tenant or serve any notice.

Records, insurance and prevention

Keep a file for each unit: move-in and move-out photos, every repair request with its date, your responses, contractor reports and invoices. If a matter reaches the Board, the side with clear dated records is in a far better position.

Talk to your broker about what your rental property policy covers for water damage, sewer backup and loss of rental income, and require or strongly encourage tenant insurance in your lease if you do not already.

• Check bathroom fans for real airflow at each turnover.
• Look under every sink and behind the toilet and washing machine.
• Run a moisture meter along the base of basement walls.
• Clean eavestroughs and extend downspouts each fall.
• Replace old rubber supply hoses with braided ones.

When we do work in a rental, the owner gets a report with before and after photos and moisture readings, plus an itemized invoice that can be submitted to an insurer. Most basement jobs run $1,200 to $9,500 and water damage jobs $1,950 to $11,000. The first move on any complaint is the same: reply in writing today and book the inspection.

Common questions