Repair and Service of Tenant’s Residence (19:VII) - Revision history

LSLAP at 19:37, 13 October 2025

2025-10-13T19:37:49Z

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	{{REVIEWED LSLAP \| date= ~~12 August~~ 2025}}		{{REVIEWED LSLAP \| date= 25 June 2025}}
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LSLAP: /* A. Duty to Provide and Maintain Rental Unit in Repair */

2025-09-22T10:48:45Z

A. Duty to Provide and Maintain Rental Unit in Repair

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	*anything else included in a tenant’s rent if so identified in the tenancy agreement.		*anything else included in a tenant’s rent if so identified in the tenancy agreement.

	If a landlord is required to make a repair to comply with the above obligations, the tenant should notify the landlord of the need for repair, preferably in writing. If the landlord refuses to make the repair, the tenant may seek a repair order by making a dispute resolution application at the RTB. If the tenant fails to notify the landlord and substantial damage results from the lack of repair, the tenant may have to pay for the damage; for more information, see RTB PG 5~~: Duty to Minimize Loss~~.		If a landlord is required to make a repair to comply with the above obligations, the tenant should notify the landlord of the need for repair, preferably in writing. If the landlord refuses to make the repair, the tenant may seek a repair order by making a dispute resolution application at the RTB. If the tenant fails to notify the landlord and substantial damage results from the lack of repair, the tenant may have to pay for the damage; for more information, see RTB PG 5.

	When a tenant goes to the RTB to request a repair order, they may also request a rent reduction until the repair is complete; this is based on the reduction in the value of a tenancy agreement as a result (''RTA'', s 65(1)(f)). A tenant can only make deductions from their rent if they are expressly authorized to do so under a provision of the ''RTA'' (''RTA'', s 26(1)).		When a tenant goes to the RTB to request a repair order, they may also request a rent reduction until the repair is complete; this is based on the reduction in the value of a tenancy agreement as a result (''RTA'', s 65(1)(f)). A tenant can only make deductions from their rent if they are expressly authorized to do so under a provision of the ''RTA'' (''RTA'', s 26(1)).

Nate Russell: review confirmed 2025

2025-08-28T21:51:41Z

review confirmed 2025

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LSLAP: /* D. Municipal Bylaws */

2025-08-12T16:22:55Z

D. Municipal Bylaws

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	== D. Municipal Bylaws ==		== D. Municipal Bylaws ==

	Another way to seek repairs ~~can be~~ through their municipality’s Standards of Maintenance bylaws. However, this is only available in some municipalities, such as Vancouver, the City of North Vancouver, and New Westminster.		Another way tenants can seek repairs is through their municipality’s Standards of Maintenance bylaws. However, this is only available in some municipalities, such as Vancouver, the City of North Vancouver, and New Westminster.

	Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector) or fire problem (such as fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.		Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector) or fire problem (such as fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.

LSLAP at 08:08, 30 August 2024

2024-08-30T08:08:07Z

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	== C. Emergency Repairs ==		== C. Emergency Repairs ==

	A tenant is allowed to make ~~ce''RTA''in~~ emergency repairs by themselves without the need for going to the RTB for dispute resolution; the landlord must then reimburse the tenant, or the tenant may deduct their cost from the rent.		A tenant is allowed to make certain emergency repairs by themselves without the need for going to the RTB for dispute resolution; the landlord must then reimburse the tenant, or the tenant may deduct their cost from the rent.

	Tenants must exercise high caution when proceeding with emergency repairs. Improperly deducting from their rent without exact compliance with the provisions of section 33 of the ''RTA'' can result in the tenant being evicted for non-payment of rent.		Tenants must exercise high caution when proceeding with emergency repairs. Improperly deducting from their rent without exact compliance with the provisions of section 33 of the ''RTA'' can result in the tenant being evicted for non-payment of rent.
	1. Definition of Emergency Repair
			=== 1. Definition of Emergency Repair ===

	Emergency repairs must be urgent (''RTA'', s 33(1)(a)). They must be necessary for the health or safety of someone, or for the preservation or use of the residential property (''RTA'', s 33(1)(b)).		Emergency repairs must be urgent (''RTA'', s 33(1)(a)). They must be necessary for the health or safety of someone, or for the preservation or use of the residential property (''RTA'', s 33(1)(b)).

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	*damaged or defective locks that give access to a rental unit; or		*damaged or defective locks that give access to a rental unit; or
	*the electrical systems.		*the electrical systems.
	2. Procedure for Conducting an Emergency Repair
			=== 2. Procedure for Conducting an Emergency Repair ===

	A tenant may conduct emergency repairs without going to dispute resolution if all of the following conditions are true:		A tenant may conduct emergency repairs without going to dispute resolution if all of the following conditions are true:
	*emergency repairs are in fact needed (''RTA'', s 33(3)(a));		*emergency repairs are in fact needed (''RTA'', s 33(3)(a));
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	If the landlord does not make required reimbursements to the tenant, the tenant may deduct the amount from their rent or otherwise recover the amount (''RTA'', s 33(7)). A tenant must take care that the amounts they deduct from rent truly qualify as amounts for emergency repairs, or else they risk being evicted for non-payment of rent.		If the landlord does not make required reimbursements to the tenant, the tenant may deduct the amount from their rent or otherwise recover the amount (''RTA'', s 33(7)). A tenant must take care that the amounts they deduct from rent truly qualify as amounts for emergency repairs, or else they risk being evicted for non-payment of rent.
	3. Tenants Should Exercise Extreme Caution
	Tenants should exercise high caution when proceeding with emergency repairs. If they do not exactly comply with the requirements for ~~unde''RTA''king~~ emergency repairs, their rent deduction could be legally construed as a failure to pay rent that justifies the landlord serving them with a 10-day notice to end tenancy for non-payment of rent, or otherwise claim against the tenant. All steps taken should be documented fully.		=== 3. Tenants Should Exercise Extreme Caution ===

			Tenants should exercise high caution when proceeding with emergency repairs. If they do not exactly comply with the requirements for undertaking emergency repairs, their rent deduction could be legally construed as a failure to pay rent that justifies the landlord serving them with a 10-day notice to end tenancy for non-payment of rent, or otherwise claim against the tenant. All steps taken should be documented fully.

	There is sometimes a discrepancy between what a tenant, landlord, and RTB might consider “emergency” repairs. Before a tenant conducts any repairs, they should call the Residential Tenancy Branch, speak to an Information Officer, and make note of the Officer’s name and what the Officer tells them.		There is sometimes a discrepancy between what a tenant, landlord, and RTB might consider “emergency” repairs. Before a tenant conducts any repairs, they should call the Residential Tenancy Branch, speak to an Information Officer, and make note of the Officer’s name and what the Officer tells them.

	Emergency repairs usually constitute a large repair bill and should only be ~~unde''RTA''ken~~ by the tenant in the clearest of circumstances. When in doubt, a tenant should first apply to an Arbitrator for a Repair Order, refer to a Property Use Inspector, or investigate local Standards of Maintenance bylaws.		Emergency repairs usually constitute a large repair bill and should only be undertaken by the tenant in the clearest of circumstances. When in doubt, a tenant should first apply to an Arbitrator for a Repair Order, refer to a Property Use Inspector, or investigate local Standards of Maintenance bylaws.
	D. Municipal Bylaws
			== D. Municipal Bylaws ==

	Another way to seek repairs can be through their municipality’s Standards of Maintenance bylaws. However, this is only available in some municipalities, such as Vancouver, the City of North Vancouver, and New Westminster.		Another way to seek repairs can be through their municipality’s Standards of Maintenance bylaws. However, this is only available in some municipalities, such as Vancouver, the City of North Vancouver, and New Westminster.

	Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector) or fire problem (such as fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be ~~impo''RTA''nt~~ evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.		Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector) or fire problem (such as fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.

			There is a risk attached to calling a City Inspector. The inspection could result in the municipality ordering the suite vacated, resulting in eviction for the tenants. For example, the City Inspector may do this if they discover that the rental unit is an illegal suite under their municipality’s bylaws, which is an outcome that the RTB alone cannot undertake.

			== E. Terminating or Restricting Services or Facilities ==

	There is a risk attached to calling a City Inspector. The inspection could result in the municipality ordering the suite vacated, resulting in eviction for the tenants. For example, the City Inspector may do this if they discover that the rental unit is an illegal suite under their municipality’s bylaws, which is an outcome that the RTB alone cannot unde''RTA''ke.
	~~E. Terminating or Restricting Services or Facilities~~
	A service or facility, as defined in s 1 of the ''RTA'', applies to any of the following that are provided or agreed to be provided to the tenant by the landlord:		A service or facility, as defined in s 1 of the ''RTA'', applies to any of the following that are provided or agreed to be provided to the tenant by the landlord:
	*appliances and furnishings;		*appliances and furnishings;

LSLAP at 08:04, 30 August 2024

2024-08-30T08:04:35Z

Show changes

Nate Russell: Nate Russell moved page Repair and Service of Tenant’s Residence (19:V) to Repair and Service of Tenant’s Residence (19:VII)

2024-08-28T00:02:35Z

Nate Russell moved page Repair and Service of Tenant’s Residence (19:V) to Repair and Service of Tenant’s Residence (19:VII)

← Older revision	Revision as of 00:02, 28 August 2024
(No difference)

Clicklaw Editor: /* D. Terminating or Restricting Services or Facilities */

2023-08-08T20:14:22Z

D. Terminating or Restricting Services or Facilities

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LSLAP: /* D. Terminating or Restricting Services or Facilities */

2023-08-03T00:08:16Z

D. Terminating or Restricting Services or Facilities

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	A service or facility, as defined in s 1 of the ''RTA'', applies to any of the following that are provided or agreed to be provided to the tenant by the landlord:		A service or facility, as defined in s 1 of the ''RTA'', applies to any of the following that are provided or agreed to be provided to the tenant by the landlord:
	(a) Appliances and furnishings;		:(a) Appliances and furnishings;
	(b) Utilities and related services;		:(b) Utilities and related services;
	(c) Cleaning and maintenance services;		:(c) Cleaning and maintenance services;
	(d) Parking spaces and related facilities;		:(d) Parking spaces and related facilities;
	(e) Cablevision facilities;		:(e) Cablevision facilities;
	(f) Laundry facilities;		:(f) Laundry facilities;
	(g) Storage facilities;		:(g) Storage facilities;
	(h) Elevators;		:(h) Elevators;
	(i) Common recreational facilities;		:(i) Common recreational facilities;
	(j) Intercom systems;		:(j) Intercom systems;
	(k) Garbage facilities and related services;		:(k) Garbage facilities and related services;
	(l) Heating facilities or services		:(l) Heating facilities or services
	(m) Housekeeping services		:(m) Housekeeping services

	Sections 27(1)(a) and (b) of the ''RTA'' provides that a landlord must not terminate or restrict a service or facility if it is essential to the tenant’s use of the rental unit as living accommodation, or providing the service or facility is a material term of the tenancy agreement.		Sections 27(1)(a) and (b) of the ''RTA'' provides that a landlord must not terminate or restrict a service or facility if it is essential to the tenant’s use of the rental unit as living accommodation, or providing the service or facility is a material term of the tenancy agreement.

LSLAP at 00:06, 3 August 2023

2023-08-03T00:06:21Z

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	=== 1. Landlord ===		=== 1. Landlord ===

	Sections 32(1)(a) and (b) of the ''RTA'' provide that a landlord must provide and maintain residential property in a state of decoration and repair that complies with the health, housing and safety standards required by law, and having regard to the age, character and location of the rental unit. It must be suitable for tenant occupation. With respect to a landlord’s obligation to repair, the RTR Schedule states that the landlord must provide and maintain the residential property in a reasonable state of decoration and repair, suitable for occupation by a tenant.		Sections 32(1)(a) and (b) of the ''RTA'' provide that a landlord must provide and maintain residential property in a state of decoration and repair that complies with the health, housing and safety standards required by law, and having regard to the age, character, and location of the rental unit. It must be suitable for tenant occupation.

	A landlord is responsible for repairing:		A landlord is responsible for repairing:
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	* anything else included in a tenant’s rent if identified in the tenancy agreement.		* anything else included in a tenant’s rent if identified in the tenancy agreement.

	If a landlord is required to make a repair to comply with the above obligations, the tenant should ~~be advised to~~ notify the landlord of the need for repair (preferably in writing). If the landlord refuses to make the repair, the tenant may seek an Arbitrator’s order. If the tenant fails to notify the landlord and substantial damage results from the lack of repair, the tenant may have ~~breached their duty~~.		If a landlord is required to make a repair to comply with the above obligations, the tenant should notify the landlord of the need for repair (preferably in writing). If the landlord refuses to make the repair, the tenant may seek an Arbitrator’s order. If the tenant fails to notify the landlord and substantial damage results from the lack of repair, the tenant may have to pay for the damage.

	When a tenant goes to the RTB to request a repair order, they may also request a rent reduction until the repair is complete. The ''RTA'' states that a tenant must pay their rent in full and on time, regardless of whether the tenant believes the landlord has fulfilled their obligations. A tenant can only make deductions from their rent if they are expressly authorized to do so under a provision of the ''RTA'' (such as where a tenant has previously overpaid rent) or if an RTB Arbitrator orders that they may do so.		When a tenant goes to the RTB to request a repair order, they may also request a rent reduction until the repair is complete. The ''RTA'' states that a tenant must pay their rent in full and on time, regardless of whether the tenant believes the landlord has fulfilled their obligations. A tenant can only make deductions from their rent if they are expressly authorized to do so under a provision of the ''RTA'' (such as where a tenant has previously overpaid rent) or if an RTB Arbitrator orders that they may do so.

	~~In the case of an infestation of bedbugs or other pests, under s~~ 32~~(1)~~ of the ~~''RTA''~~, landlords must ~~maintain the~~ property ~~in a state of repair that complies~~ with health standards ~~and~~ is ~~suitable~~ for ~~human occupation. Some municipalities~~, such as ~~Vancouver, have Standards of Maintenance bylaws that require landlords to get rid of pest infestations~~. If a landlord ~~is refusing to treat~~ the infestation, ~~a tenant can call their municipality for an inspection and for an order that the building is treated. Each municipality’s bylaws will vary, so it is best to call city hall.~~		Landlords are generally responsible for arranging and paying for bed bug treatment. According to section 32 of the Residential Tenancy Act, landlords must ensure that their rental property is suitable for occupation and compliant with health, safety, and housing standards required by law. In addition, Residential Tenancy Branch Policy Guideline 1 says, “the landlord is generally responsible for major projects, such as … insect control.” If your landlord believes that you caused the infestation, they should still pay for treatment within a reasonable period of time, and then seek to recover compensation from you after the fact.

	~~Landlords are obligated to bear the cost~~ for treatment of an infestation, provided the tenant cooperates with treatment (see Tenant Obligations below). In Vancouver, the Health Bylaw mandates that only a trained and certified person can spray pesticides in a multiple-unit dwelling. The landlord should not, and ~~legally cannot, do it themselves. There are also other requirements in the Health Bylaw, such as notification in writing 72 hours prior~~ to ~~spraying. The pesticide technician should also adhere to the label on~~ the ~~pesticide bottles~~.

	=== 2. Tenant ===		=== 2. Tenant ===

	Tenants must maintain “ordinary health, cleanliness and sanitary standards” in their rental unit. Tenants must also repair damage caused to the rental unit and property (this includes common areas) by their or their pet’s willful or negligent acts or omissions, or those of a person permitted by them on the rental unit or property (RTA, s 32(3)). '''There is no duty to repair reasonable wear and tear''' (s 32(4)).		Tenants must maintain “ordinary health, cleanliness and sanitary standards” in their rental unit. Tenants must also repair damage caused to the rental unit and property (this includes common areas) by their or their pet’s willful or negligent acts or omissions, or those of a person permitted by them on the rental unit or property (''RTA'' s 32(3)). '''There is no duty to repair reasonable wear and tear''' (s 32(4)).

	Tenants are also obligated to maintain the property in a sanitary condition. This includes notifying the landlord of any suspected pest infestation. Upon discovery of a pest infestation, the tenant is obligated to cooperate with the landlord in treating the infestation. If tenants do not cooperate, they could be found liable for the cost of treatment or be evicted. The landlord is obligated to get rid of the infestation unless it can be proven the tenant brought the pests with them when they moved in.		Tenants are also obligated to maintain the property in a sanitary condition. This includes notifying the landlord of any suspected pest infestation. Upon discovery of a pest infestation, the tenant is obligated to cooperate with the landlord in treating the infestation. If tenants do not cooperate, they could be found liable for the cost of treatment or be evicted. The landlord is obligated to get rid of the infestation unless it can be proven the tenant brought the pests with them when they moved in.
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	== '''B. Withholding Rent''' ==		== '''B. Withholding Rent''' ==

	A tenant '''cannot''' withhold rent because of repairs needed unless an Arbitrator gives an order permitting it. Another way to seek repairs can be through the local municipality’s Standards of Maintenance bylaw however this is only the case in some municipalities, for example, Vancouver, the City of North Vancouver, and New Westminster. Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector)~~, health problem (e.g. mould or pests),~~ or fire ~~problem~~ (e.g. fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.		A tenant '''cannot''' withhold rent because of repairs needed unless an Arbitrator gives an order permitting it. Another way to seek repairs can be through the local municipality’s Standards of Maintenance bylaw however this is only the case in some municipalities, for example, Vancouver, the City of North Vancouver, and New Westminster. Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector) or fire problems (e.g., fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.

	:'''NOTE:''' There is a '''risk''' attached to calling a City Inspector. The inspection could result in the municipality ordering the suite vacated, resulting in eviction for the tenants.		:'''NOTE:''' There is a '''risk''' attached to calling a City Inspector. The inspection could result in the municipality ordering the suite vacated, resulting in eviction for the tenants.
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	== '''C. Emergency Repairs''' ==		== '''C. Emergency Repairs''' ==

	Before advising any tenant on this course of action, an advocate should be aware that this is a rather complicated area. To qualify, the repairs must fall into the categories below and must be urgent and necessary for the health and safety of persons or the preservation and use of the property and rental units. Pursuant to s 33, a tenant may conduct emergency repairs without going to dispute resolution if the landlord fails to make repairs within a reasonable time after a tenant has made a reasonable effort on two or more occasions to contact the landlord. Sometimes there is a discrepancy between what a tenant, landlord, and RTB might consider ‘emergency’ repairs. '''Before a tenant conducts any repairs, they should call the Residential Tenancy Branch, speak to an Information Officer, and make note of the Officer’s name and what the Officer tells them.''' The specific types of repairs that may qualify as emergency repairs are urgent, necessary for the health, safety or preservation of property ~~AND~~ concern:		Before advising any tenant on this course of action, an advocate should be aware that this is a rather complicated area. To qualify, the repairs must fall into the categories below and must be urgent and necessary for the health and safety of persons or the preservation and use of the property and rental units. Pursuant to s 33, a tenant may conduct emergency repairs without going to dispute resolution if the landlord fails to make repairs within a reasonable time after a tenant has made a reasonable effort on two or more occasions to contact the landlord. Sometimes there is a discrepancy between what a tenant, landlord, and RTB might consider ‘emergency’ repairs. '''Before a tenant conducts any repairs, they should call the Residential Tenancy Branch, speak to an Information Officer, and make note of the Officer’s name and what the Officer tells them.''' The specific types of repairs that may qualify as emergency repairs are urgent, necessary for the health, safety or preservation of property and concern:

	* major leaks in the pipes or roof;		* major leaks in the pipes or roof;
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	* electrical system repair.		* electrical system repair.

	~~Emergency repair is a complicated area.~~ Tenants must follow the exact procedure under s 33(3) of the ''RTA'' or the landlord can make a claim against the tenant. All steps taken should be documented fully. Emergency repairs usually constitute a large repair bill and should only be undertaken by the tenant in the clearest of circumstances. When in doubt, apply first to an Arbitrator for a Repair Order, refer to a Property Use Inspector, or investigate local Standards of Maintenance bylaws.		Tenants must follow the exact procedure under s 33(3) of the ''RTA'', or the landlord can make a claim against the tenant, or serve a 10-day notice to end tenancy for non-payment of rent. All steps taken should be documented fully. Emergency repairs usually constitute a large repair bill and should only be undertaken by the tenant in the clearest of circumstances. When in doubt, apply first to an Arbitrator for a Repair Order, refer to a Property Use Inspector, or investigate local Standards of Maintenance bylaws.

	== '''D. Terminating or Restricting Services or Facilities''' ==		== '''D. Terminating or Restricting Services or Facilities''' ==