Your rights under Ontario law
In Ontario the Residential Tenancies Act, 2006 sets landlord obligations for maintenance and structural safety, and disputes are handled by the Landlord and Tenant Board[1][2]. If a building element, like load-bearing walls, exterior stairs, foundations, or major roof defects, affects safety or habitability, the landlord is generally required to repair or replace it.
When landlords must fix structural problems
Common structural issues landlords are typically responsible for include:
- Collapsed or severely cracked foundation or load-bearing walls that affect unit safety or access.
- Major roof leaks causing structural rot or unsafe ceilings.
- Broken exterior stairways, balconies, or railings that create fall hazards.
- Serious floor or roof sagging, or major structural movement.
What counts as "structural"
Structural problems are different from small cosmetic defects. If a problem makes a unit unsafe, risks injury, or threatens the buildings long-term integrity, it is structural. Problems that only affect appearance or minor convenience are usually not considered structural.
What tenants should do first
Follow these practical steps to protect your rights and speed repairs:
- Document the problem: take photos, videos, dates, and notes about how the issue affects habitability or safety.
- Tell the landlord in writing and keep a copy: include the date, description, and a request for a repair deadline.
- Allow reasonable access for inspections and repairs while protecting your privacy and possessions.
- If repairs do not happen, consider filing an application with the Landlord and Tenant Board using the relevant maintenance application form[3].
Emergency or immediate-safety situations
If a structural failure creates an immediate danger (collapsing ceiling, unsafe stair), leave the area and, if needed, call local emergency services. Then notify the landlord right away in writing and document the hazard. For health and safety guidance that overlaps with structural concerns, see Health and Safety Issues Every Tenant Should Know When Renting.
FAQ
- Who enforces repairs for structural problems in Ontario?
- The Landlord and Tenant Board enforces repair orders and tenancy disputes under the Residential Tenancies Act, 2006. You can apply to the Board if the landlord will not fix a structural issue.[1]
- Can a tenant withhold rent until a structural repair is done?
- No. Withholding rent is risky and can lead to eviction. Use the formal application process at the Landlord and Tenant Board instead of withholding rent.
- What if a repair creates disruption or requires temporary relocation?
- If repairs require relocation, discuss arrangements with your landlord and document any agreements. The Board can consider compensation or rent abatements if relocation is necessary.
How-To
- Write a clear notice to your landlord describing the structural problem, the safety risk, and a request for repairs with dates.
- Collect evidence: photos, videos, witness names, and receipts for any temporary expenses caused by the damage.
- Submit the appropriate maintenance application to the Landlord and Tenant Board if the landlord does not act.
- Attend the Board hearing prepared with your evidence and witnesses to explain how the structural issue affects safety and habitability.
Help and Support / Resources
- Landlord and Tenant Board - Applications and information
- Residential Tenancies Act, 2006 (e-Laws)
- LTB forms and instructions
