Does a landlord have to fix water damage?

The landlord must keep the premises in good repair at all times and meet the minimum housing standards under the Public Health Act. Those standards say basements must be free of water infiltration and that building materials that are damaged or show rot must be repaired or replaced. A tenant must not do or allow significant damage to the premises.

Ask in writing first, then contact Alberta Health Services Environmental Public Health, or apply to the RTDRS or the Alberta Court of Justice for damages, a rent reduction, compensation for the cost of doing the landlord's job, or termination. The RTDRS cannot order a landlord to do a repair. A tenant can give 14 days' written notice for a landlord's substantial breach only where a public health order was issued about that breach and the tenant reasonably believes the landlord has not complied. If the premises are destroyed or damaged beyond what a reasonable landlord would repair, the tenancy is frustrated. The Act does not say in plain words what happens to rent after that, so ask the RTDRS or Alberta Court of Justice.

The landlord must maintain the property in a state of decoration and repair that meets health, safety and housing standards, even if the tenant knew about the problem. The Residential Tenancy Branch says tenants should report water damage immediately and landlords should fix it quickly. Emergency repairs under the Act include major leaks and blocked water or sewer pipes. For those, the tenant must make at least two phone attempts to reach the landlord's emergency contact and allow a reasonable time. The landlord must then reimburse the tenant on a written account with receipts, or the tenant may deduct the cost from rent.

For other repairs, ask in writing, then apply for dispute resolution; an expedited hearing is available for urgent health, safety and security repairs. A tenant may not otherwise make repairs and charge the landlord without a written agreement. A tenant can end the tenancy for a material breach with written notice and a reasonable time for the landlord to fix it. If the unit is destroyed, the tenancy is frustrated: neither side gives notice, rent is not owed after the event, and prepaid rent is refunded. The test is high and hardship is not enough.

The landlord must keep the unit, the complex and the promised services and facilities in a good state of repair, fit for habitation and meeting health, building and maintenance standards. The Residential Tenancies Branch guide says emergency repairs must be done immediately. Ask 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.

If the landlord's breach poses a health or safety risk, the tenant may give a termination notice effective not earlier than 5 days after it is given. If it makes the unit uninhabitable, the notice can be effective immediately. If a government order forces the tenant out, rent is suspended while the order is in effect. When fire, flood or another event makes the unit uninhabitable, the tenancy is deemed ended on the date performance becomes impossible. The tenant has a right of first refusal if they ask in writing within one month and the unit is made habitable within one year, unless the tenant caused the damage. Ask the Branch what happens to rent for that period.

The landlord must keep the property in good repair and fit for habitation, even if the disrepair existed when the tenant moved in. A tenant who cannot get action can apply to the Office of Residential Tenancies. Orders can include an order to comply, rent paid to the director to fund the fix, and damages. We found no requirement in the Act for a written request before applying, but writing first gives you a record.

For a material breach, the tenant may end the tenancy on short written notice after giving the landlord a reasonable period to fix the problem, if it can be fixed. The notice must state the reason. The standard conditions give an unlivable unit as an example. If the unit is destroyed so that it is uninhabitable, the tenancy can end by frustration and the landlord's repair duty does not apply to that property. The Act applies the Frustrated Contracts Act but does not say in plain words whether rent is owed after the event, so ask the Office of Residential Tenancies.

The landlord must keep the complex in a good state of repair and fit for habitation, and comply with health, safety, housing and maintenance standards, even if the tenant knew about the problem. The maintenance standards require interior wall and ceiling surfaces to be kept free of holes, leaks, deteriorating materials, mould, mildew and other fungi.

Ask in writing first. A tenant can apply to the Landlord and Tenant Board (Form T6) within one year of the conduct. The Board can order specific repairs by a deadline, abate rent, order the landlord to pay for a repair the tenant made, and terminate the tenancy. A tenant can also ask to pay rent into the Board. The Board says a tenant should not withhold rent for repairs not done. If the unit is destroyed, the Act applies the doctrine of frustration and the Frustrated Contracts Act, and says nothing more about rent. If the unit is damaged but not destroyed, the landlord's repair duty continues and the tenant can apply for a rent abatement.

The landlord must keep the premises in a good state of repair and fit for habitation and meet health, safety, housing and building standards, even if the tenant knew about the problem. Where a municipality has adopted the model code, foundation walls must keep out moisture. The tenant's route is a written complaint to the landlord, dated and signed. The landlord then has 7 days to comply; if not, the tenant notifies a residential tenancies officer in writing. In an emergency the tenant can go straight to the officer.

The officer can order compliance by a set time, and can do the work and redirect rent. The tenant may apply to end the tenancy; we found no rule letting a tenant end it on their own notice for this reason. If the officer ends the tenancy, the officer may order the landlord to pay up to one month's rent for expenses, plus a refund of up to one month's rent paid while the unit was uninhabitable. The Act has no destroyed-unit section: the doctrine of frustration and the Frustrated Contracts Act apply. The government says tenant insurance may cover temporary accommodation.

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. 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 in trust. An emergency hearing request is available, but only after the application has been filed. We found no self-help emergency repair right, and the provincial renting guide says rent should not be withheld.

The Act has no mould rule, and a tenant cannot end a tenancy by notice because of mould. A landlord may give a notice to quit if the premises were made uninhabitable by fire, flood or other occurrence, and the tenant may apply to set it aside. In Halifax, a by-law also covers damage from dampness. The Act does not mention frustration, so ask the Residential Tenancies Program about rent after a fire or flood.

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. The public health rules for rental accommodation require dwellings to be sound, weatherproof and damp-proof, and free from dampness to the satisfaction of a public health official. Emergency repairs include leaks in pipes or roof and blocked or damaged water or sewer pipes. The tenant must notify the landlord's emergency contact, make reasonable attempts to reach them and give reasonable time. The landlord must then reimburse within seven days of a written claim with receipts. If not, the tenant applies to the Director.

The Act gives a tenant no notice right to leave early because of poor conditions. The tenant applies to the Director, who can order a rent reduction, compensation or an end to the tenancy, and can decide urgent safety matters without a hearing. The doctrine of frustration applies. We found no Rental Office guidance on how rent is handled after a fire or flood, so ask the Rental Office.

The landlord must maintain the premises in a good state of repair and fit for habitation and comply with health, safety and housing laws, even if the tenant knew of the problem when renting. In municipalities covered by the occupancy and maintenance regulations, spaces must also be kept free from dampness so as to prevent rot and mildew. Serve a written Tenant's Request for Repairs, allow a reasonable time, then apply to the Residential Tenancies Office. 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.

If the landlord breaches the repair condition, the tenant may give written notice ending the tenancy effective immediately. The Office's policy lists a flooded unit as an example of uninhabitable premises, but cautions that an immediate notice may not be justified if the landlord is already fixing an emergency. The Act applies the doctrine of frustration and the Frustrated Contracts Act. We found no Office guidance on how rent is handled after a fire or flood, so ask the Office.