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October 10, 2023

How to Handle a Landlord Who Won’t Maintain Your Rental Property

Tenant Advocacy - Navigating Rental Property Repairs

Dealing with a landlord who neglects or declines to make essential repairs or maintain your rental unit can significantly impact your health, safety, comfort, and overall satisfaction with your home. In this blog post, I will explain what you can do if you find yourself facing this challenging situation. Please note that I will be focusing on non-emergency repairs. If you require emergency repairs, I encourage you to review the Residential Tenancy Branch’s Policy Guideline 51.

Step 1: Notify Your Landlord in Writing

The initial action to take when you encounter a problem in your rental unit that needs fixing or maintenance is to notify your landlord in writing as promptly as possible. You can find a variety of helpful template letters, including one for Repairs and Maintenance, on the Tenant Resource & Advisory Centre’s website.

In your written notice, describe the issue clearly and provide relevant details, such as when it started, how it affects you, and your desired resolution. Setting a reasonable deadline for your landlord can be beneficial. It’s essential to retain a copy of your letter and any evidence of the problem, such as photographs or videos, as these may be needed in the event of a dispute before the RTB.

Keep in mind that if you delay in reporting the issue, and it worsens, you may be held responsible for some of the associated costs, even if the initial problem was not your fault.

Step 2: Apply for a Repair Order

If your landlord fails to respond or refuses to address the problem within a reasonable timeframe (typically between 2-4 weeks), you have the option to apply for a repair order through the RTB’s dispute resolution service.

An arbitrator will review your application and schedule a hearing where both parties can present their case. The arbitrator will then make a decision based on the evidence and the applicable laws. If they determine that your landlord has violated their obligations under the Residential Tenancy Act, they can order your landlord to complete the necessary repair or maintenance within a specified timeframe.

Additionally, you can seek monetary compensation from your landlord for disregarding your written request, as well as request a rent reduction until the repair or maintenance is completed.

I recommend seeking legal advice, ideally before submitting an application to the RTB, as the details you include in your application may be closely scrutinized by arbitrators. Even if you have already submitted an application, seeking legal guidance can help you present your case effectively before the arbitrator.

Step 3: Follow Up on the Repairs

If you attended a hearing before the RTB and were granted a repair order that your landlord has not complied with within the specified timeframe, you can take further steps to enforce it. I suggest reaching out to legal assistance for guidance, as there are various methods for enforcing such an order, and we want to ensure we recommend the best approach for your specific situation.

Dealing with a landlord who refuses to make repairs or maintain the property can be a frustrating and stressful experience. However, as a tenant, you have rights that safeguard you from living in substandard conditions. If you have any questions regarding how to effectively request repairs or maintenance for your unit or if you’d like to learn more about your rights as a tenant, please don’t hesitate to get in touch with me!