Do landlords have to replace appliances?

The Alberta government lists "appliances provided by the landlord" among the things that are usually the landlord's responsibility, and says the landlord must keep the rental premises in good repair at all times. The tenant must not do or allow significant damage, and the Handbook says the tenant should tell the landlord if anything needs repair or replacement.

If the landlord does not act, the tenant can apply to the RTDRS or the Alberta Court of Justice for damages, a rent reduction, or compensation for the cost of doing the landlord's job. The RTDRS cannot order a landlord to do a repair. A tenant may choose to have the repair done and then apply to be compensated, but repair costs cannot be taken off the rent without the landlord's agreement or an order.

The landlord must provide and maintain the property in a state of decoration and repair that meets health, safety and housing standards and is suitable for occupation, even if the tenant knew about the problem. We found no British Columbia rule that names appliances. The tenant must keep the unit reasonably clean and repair damage the tenant or guests cause, but is not responsible for normal wear and tear.

If a landlord ignores a written request, the tenant can apply for dispute resolution and ask for a repair order, compensation or a rent reduction. A tenant may not make repairs and charge the landlord without a written agreement. The emergency repair list in the Act covers major leaks, blocked water or sewer pipes, primary heating, defective locks and electrical problems; a broken appliance is not on it. When a tenant damages an appliance, Policy Guideline 40 lets an arbitrator reduce the award for age. Its example: a 5-year-old dishwasher with a 10-year useful life, replaced for $900, may justify about $450.

The landlord must keep the unit, the complex and the services and facilities the landlord expressly or impliedly promised, whether or not they are in a written agreement, in a good state of repair. The Act does not name appliances, so ask the Residential Tenancies Branch whether yours counts as a promised service or facility. The tenant must repair damage the tenant causes, or pay compensation, within a reasonable time after written notice.

Ask the landlord in writing first, then file a Tenant's Request for Repairs with the Branch, which can inspect and issue an Order to Repair with a deadline. The Branch usually will not proceed while rent is owing unless there is an immediate health or safety risk. When a tenant is charged for damage, the Branch awards loss of value based on age, condition and useful life rather than full replacement cost; it has no useful-life table.

The landlord must keep the property in good repair and fit for habitation, and must keep the services and facilities supplied under the tenancy in good repair for the tenant's use, whether the problem comes from reasonable wear and tear or any other cause. The standard conditions in the regulations give appliances, heating and plumbing systems as examples of services and facilities included with the rent that the landlord must keep in a good and functional state of repair. If it is unclear whether your appliance is included with the rent, ask the Office of Residential Tenancies. The tenant must repair damage to services and facilities caused by the tenant's actions or neglect, but is not responsible for reasonable wear and tear.

A tenant who cannot get action can apply to the Office of Residential Tenancies. It can order the landlord to comply and award damages. We found no requirement in the Act for a written request before applying, but writing first gives you a record.

The landlord must keep the complex in a good state of repair and fit for habitation. The Landlord and Tenant Board says that if something no longer works through normal wear and tear, or because it breaks or wears out, the landlord must repair it, but does not have to supply a new or better model. Tenants are not responsible for damage from normal use. A tenant must repair undue damage caused wilfully or negligently by the tenant, another occupant or a guest.

Ask in writing first. If the landlord does not act, a tenant can apply to the Board (Form T6) within one year of the conduct. The Board can order specific repairs by a deadline, abate rent, and in some cases authorize a repair or replacement the tenant made and order the landlord to pay for it. The Board looks at whether the tenant told the landlord. The Board says a tenant should not withhold rent for repairs not done, but a tenant can ask to pay rent into the Board while the application is decided.

New Brunswick is the clearest. The Residential Tenancies Act says the landlord must deliver to the tenant, and maintain in a good state of repair, any chattels the landlord provides in the premises. The tenant is responsible for the ordinary cleanliness of those chattels and must repair, within a reasonable time, damage to them caused by the wilful or negligent conduct of the tenant or someone the tenant lets in.

The tenant's route is a written complaint to the landlord, dated and signed, with the address. The landlord then has 7 days to comply. If not, the tenant notifies a residential tenancies officer in writing. The officer can order compliance by a set time, and can do the work and redirect rent.

The landlord's statutory condition is to keep the premises in a good state of repair and fit for habitation and to follow health, safety and housing laws. A separate condition says the landlord cannot stop providing a service, and the list includes heat, water, power, gas, appliances, garbage, sewers and elevators, without proper notice of a rent increase or the Director's permission. The tenant is responsible for the ordinary cleanliness of the interior, and the provincial renting guide says tenants keep the unit and all the appliances clean. The tenant also answers for wilful or negligent damage.

If the landlord does not act, the tenant can apply to the Director of Residential Tenancies (Form J). The Director can order the repair and reasonable expenses, order compensation, or order rent to be paid to the Director in trust. The renting guide says rent should not be withheld.

The landlord must keep the residential property in a state of repair that meets health, safety and housing standards and makes it suitable for occupation, even if the tenant knew of the problem before signing. The Act does not name appliances, so ask the Rental Office whether yours is covered. The tenant must repair undue damage caused by the tenant or a person the tenant allowed in, but need not repair reasonable wear and tear.

If a landlord refuses, the tenant can file Form 2(A) with the Rental Office. The Director can order compliance, a rent reduction or compensation. A tenant may arrange emergency repairs only if all the conditions are met: the repair is an emergency, the tenant made reasonable attempts to reach the landlord's emergency contact and gave reasonable time. The Act's emergency list covers items such as leaks, the heating system and the electrical system, not appliances.

The landlord's first statutory condition is to keep the premises in a good state of repair and fit for habitation and follow health, safety and housing laws, even if the tenant knew of the problem when renting. The Act does not name appliances, so ask the Residential Tenancies Office whether yours is covered. The tenant must keep the premises clean and repair damage caused by a wilful or negligent act of the tenant or a guest.

Serve a written Tenant's Request for Repairs and allow a reasonable time. If the repair is not done, apply to the Residential Tenancies Office, attaching the request. The Office will not accept the application if the tenant's rent is in arrears. The adjudicator can order repairs, a rent reduction, or rent to be paid into trust. When a tenant is charged for damage, the Office reduces the claim for the item's age and says normal wear and tear is not recoverable.