How to break a lease due to uninhabitable conditions?

Alberta landlords must meet the minimum housing and health standards. Under the housing regulation, a rental must be structurally sound, safe and weatherproof, with sanitary facilities, heating, hot and cold potable water and plumbing free of defects. A tenant can end a tenancy on 14 days' written notice for a landlord's substantial breach only where a public health order was issued about the breach and the tenant reasonably believes the landlord has not complied. Otherwise the tenant applies to the RTDRS or the Alberta Court of Justice to end it.

Ask the landlord in writing first, and contact Alberta Health Services Environmental Public Health; the inspector does not reveal who complained. The RTDRS or the court can award damages, a rent reduction or compensation, or end the tenancy. The RTDRS can award up to $100,000 but cannot order a landlord to do a repair. Do not deduct repair costs from rent without the landlord's agreement or an order. A landlord cannot evict a tenant for using rights under the Residential Tenancies Act or the Public Health Act. A rental that is destroyed, or damaged so that a reasonable landlord would not repair it or a reasonable tenant would not stay, can be a frustrated tenancy (s.40(1)).

A BC landlord must provide and maintain a rental that meets health, safety and housing standards and is suitable for occupation, even if the tenant knew of the problem (s.32(1)). Request repairs in writing. A tenant can apply for dispute resolution for a repair order, a rent reduction and compensation, and urgent safety repairs can go through the expedited hearing process. For emergency repairs such as major leaks, blocked pipes, primary heating, locks and electrical, a tenant who has made at least two phone attempts to the emergency contact can arrange the repair and either be reimbursed on receipts or deduct it from rent (s.33).

To end the tenancy, a tenant can give written notice of a breach of a material term and allow reasonable time to fix it (s.45(3)). Where a unit is destroyed or becomes unusable, frustration (s.44(1)(e), s.92) ends the tenancy without notice, no rent is owed after the event and the landlord should reimburse prepaid rent for the period after it. The test is high, hardship alone is not enough, and a party cannot rely on a frustration they caused. During a disaster evacuation, rent is still owed.

Manitoba's Act requires a landlord to keep the unit fit for habitation and in compliance with standards (s.59(1)), and bars withholding vital services (s.60(1)). Ask in writing, then send a Tenant's Request for Repairs to the Residential Tenancies Branch, which can order repairs and redirect rent to pay a contractor, and can award compensation for unreasonable delay. The Branch usually will not proceed while rent is owing unless there is an immediate health or safety risk.

Manitoba is one of the few provinces covered here with a short-notice exit written into the Act. A tenant can give 5 days' notice if the breach poses a health or safety risk (s.89(3)), and immediate notice if the unit is uninhabitable (s.89(4)). Rent is suspended while a government vacate order is in force (s.69(2)). For heat and health complaints, contact your local Environmental Health Office.

A Saskatchewan landlord must keep the rental in good repair and fit for habitation (s.49(1)). The tenant can apply to the Office of Residential Tenancies (ORT) under s.70; the Office can order the landlord to comply, order rent paid to the director to fund a repair, award damages or reduce the rent. A tenant who makes a good-faith health or safety complaint has relief against retaliation (s.70(11)(a)). For hazards such as missing heating, water or plumbing, Public Health Inspectors can investigate on a complaint.

A tenant can end the tenancy by written notice after giving the landlord a reasonable time to fix the breach (s.56(2), (3)). The government's example for one day's notice, stating the reason on Form 6a, is where the rental unit has become uninhabitable. Whether a breach is serious enough to justify that notice is a judgment call, so consider applying to the ORT first.

An Ontario landlord must keep the complex in good repair, fit for habitation and compliant with health, safety, housing and maintenance standards, even if the tenant knew of the problem (s.20). Ask in writing first, because the Board considers whether you did. A tenant can apply on a T6 within one year of the conduct. The Board can terminate the tenancy, reduce rent, authorize a repair already made and order its cost paid, or order repairs by a deadline. A tenant can ask to pay rent into the Board. Municipal property standards by-laws apply, and if there is none the provincial standards do.

We found no right for a tenant to end an Ontario tenancy early just because of poor conditions; a tenancy ends only as the Act allows. The routes are a T6 where the Board can terminate, an agreement with the landlord, a normal tenant notice, or frustration (s.19). Keep paying rent, because the Board advises against withholding it. Cutting heat, water, fuel, electricity or gas is a vital service offence with fines up to $100,000 for an individual and $500,000 for a corporation.

A New Brunswick landlord must deliver the unit clean, in good repair and fit for habitation, maintain it, and meet health, safety, housing and building standards, even if the tenant knew (s.3). The landlord may not deliberately interfere with heat, water or electric power except in an emergency or for repairs, or deliberately make the unit unfit (s.3.1).

Make a written complaint; the landlord has 7 days (Reg s.6). Then notify a residential tenancies officer in writing with a copy, or go straight to the officer in an emergency. The officer may order compliance, have the work done at the landlord's cost and redirect rent, and on the tenant's application end the tenancy. The officer may also order up to one month's rent in expenses and refund up to one month's rent paid while the unit was uninhabitable. We found no provision letting a tenant end the tenancy by their own notice for this reason, and no emergency repair-and-deduct rule.

In Nova Scotia the landlord keeps the premises in good repair and fit for habitation and must comply with health, safety and housing standards (Statutory Condition 1). A tenant applies to the Director on Form J. After mediation, the Director can order repairs plus expenses (s.17A(c)), compensation (s.17A(d)), rent paid in trust (s.17A(g)), or terminate the tenancy on a specified date (s.17A(e)). A decision can be appealed to Small Claims Court within 10 days.

For an emergency, a tenant can ask for an emergency hearing on Form DR9, filed only after Form J and before the other party is served. We found no emergency repair-and-deduct rule, and rent cannot be withheld. If the premises are made uninhabitable by fire, flood or another occurrence, the landlord may give a notice to quit (s.10(8)(c)), which the tenant may apply to set aside (s.10(7D)). Ask Residential Tenancies about notice length and rent.

A PEI landlord must provide and maintain the property in a state of repair that meets health, safety and housing standards and makes it suitable for occupation, even if the tenant knew beforehand (s.28). A tenant applies on Form 2(A). The Director can order compliance, reduce rent (s.85(1)(e)), award compensation (s.85(1)(d)), change a notice period, or terminate the tenancy (s.85(1)(o)). Urgent safety matters can be decided without a hearing (s.86(a)).

The Act gives a tenant no notice right to leave early because of poor conditions; the route is an application to the Director. For emergency repairs to leaking pipes or roof, blocked pipes, the heating system, damaged stairs or entrances, locks and electrical, the tenant notifies the landlord's emergency contact, makes reasonable attempts and allows reasonable time. The landlord reimburses within seven days of a written claim with receipts; otherwise the tenant applies to the Director (s.29).

In Newfoundland and Labrador the landlord must keep the premises in good repair, fit for habitation and in compliance with health, safety and housing law, regardless of the tenant's prior knowledge (Statutory Condition 1). Send a written Tenant's Request for Repairs with a date, then file an Application for Dispute Resolution with the Residential Tenancies Office, attaching the request. Rent must not be in arrears. The Office can order repairs, a rent reduction until they are done, a rebate, rent paid into trust, and compensation (s.47(1)).

Under s.21(1) a tenant can give written notice effective immediately where the landlord contravenes that condition, with no tribunal order needed. The notice cannot be given verbally. Office policy gives examples such as a flooded premises or sewage backup, but cautions that immediate notice may not be justified where the responsible party is fixing an emergency. Section 20 covers a material breach not fixed in a reasonable time after written notice. If a regulatory authority declares the unit uninhabitable, the tenant may end the tenancy immediately.