When most people think of landlord harassment, they picture aggressive phone calls, illegal entries, or threatening letters. However, one of the most insidious tactics used by unscrupulous landlords is far more subtle: the deliberate delay of essential repairs to make living conditions so unbearable that tenants have no choice but to move out.
This "maintenance standoff" strategy exploits the fundamental power imbalance between landlords and tenants. While tenants desperately need basic repairs to maintain their quality of life, some landlords see these same repairs as leverage—a way to avoid formal eviction proceedings while achieving the same result.
The Anatomy of a Maintenance Standoff
The pattern is disturbingly consistent across multiple LTB cases. A landlord receives notice of maintenance issues but responds with deliberate delays, inadequate repairs, or outright refusal to address problems. As conditions deteriorate, tenants face an impossible choice: continue living in substandard conditions or abandon their homes.
In corriveau-v-kw-property-management-corp-20230823, tenants reported a delayed thermostat repair, unsafe deck conditions, and ongoing HVAC issues. The landlord's failure to address these problems in a timely manner was found to constitute harassment and substantial interference. The LTB awarded the tenants $14,539.65 in rent abatement and ongoing rent reductions until the issues were resolved.
The case of mcgowan-v-creighton-20241031 illustrates how landlords sometimes rely on inexperienced help to justify delays. The landlord chose to use her "inexperienced brother" to manage repairs and took "months to gather materials rather than purchasing them at a retail store." This resulted in the tenant having no working shower for four months, forcing her to use a makeshift "shower tent" in the garage with a bucket to bathe herself and her two young children.
When Delays Cross the Line Into Harassment
Not all maintenance delays constitute harassment—legitimate challenges like contractor availability or complex repairs can justify reasonable delays. However, the LTB has identified several factors that distinguish legitimate delays from weaponized maintenance:
Deliberate Indifference
In johnson-v-rahim-20240501, a serious Pharaoh ant infestation was never properly addressed by the landlord, forcing the tenant to move out after just six months. The LTB found that "the landlord's response to the ant infestation was not reasonable, and the issue was never fully rectified, forcing the tenant to move out." The tenant received $6,923.49 in compensation, including a 60% rent reduction for the entire six-month period.
Using Repairs as Leverage
The case SG-v-VC-20180409 demonstrates how some landlords use maintenance issues as bargaining chips. When the tenant's oven caught fire, the landlord removed it but then "wanted the tenant to pay for the replacement, which led to a delay in providing a new oven." The LTB found this constituted a breach of maintenance obligations, noting that the landlord was "withholding the replacement of the damaged oven in an effort to compel the tenant to pay for it."
Systematic Neglect
In JP-v-CD-and-DP-20181207, flooding in a rental unit was not addressed on a timely basis, leading to mold growth that made the unit uninhabitable. The landlord's maintenance personnel took minimal action, and "mold was allowed to form over a lengthy period of time." The tenant was forced to move out, and the landlord was ordered to pay $3,105.30 in compensation.
The Human Cost of Maintenance Warfare
The impact on tenants goes far beyond inconvenience. In KH-v-PLKH-RSSWH-2017-TST-75153-16, a tenant's health was "negatively impacted by mold and poor air quality" due to the landlords' failure to address a leaky air-conditioning unit and mold issues. The tenant was forced to move out, and the LTB awarded $9,119.71 in compensation.
The case of SC-v-MJ-20181121 shows the devastating impact on families. When severe sewage flooding occurred in a basement apartment, the tenant and her four children were forced to evacuate. The landlord's delays in addressing the flood damage and subsequent mold issues left the family displaced, with the tenant incurring significant costs for alternative accommodation and transportation for her children to school.
Legal Consequences for Landlords
The LTB takes maintenance-based harassment seriously, and the financial consequences for landlords can be substantial:
Significant Rent Abatements
Courts regularly award substantial rent abatements when maintenance delays are found to be unreasonable. In Labelle-v-Talbot-20221019, the landlord's failure to repair windows, address water damage, and remedy mold issues resulted in a $5,987.35 rent abatement.
Out-of-Pocket Expenses
Tenants can recover costs incurred due to landlord negligence. The VM-and-FC-v-IT-20230314 case involved tenants who couldn't return to their units for months after a fire due to repair delays. One tenant received compensation for storage costs at $149.25 per month, while another received reimbursement for long-term care home costs at $1,600 per month.
Ongoing Rent Reductions
In severe cases, the LTB may order ongoing rent reductions until problems are resolved. The corriveau-v-kw-property-management-corp-20230823 case resulted in an ongoing 10% rent reduction until HVAC and hydro issues were addressed.
Red Flags: Recognizing Weaponized Maintenance
Tenants should be alert to these warning signs:
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Repeated Delays Without Explanation: Landlords who consistently postpone repairs without providing reasonable explanations or timelines.
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Conditional Repairs: Landlords who demand tenant payments or concessions before addressing maintenance issues.
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Inadequate Temporary Solutions: Providing band-aid fixes that don't address underlying problems, as seen in BL-v-BM-and-VRL-20171006 where landlords delayed repairing walls for 10 days after addressing a roof leak.
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Selective Responsiveness: Quickly addressing some issues while ignoring others that significantly impact habitability.
Tenant Rights and Remedies
When faced with weaponized maintenance, tenants have several options:
Document Everything
Maintain detailed records of all maintenance requests, landlord responses, and the impact on your living conditions. Photographs with dates are particularly valuable evidence.
Know Your Rights
Under Section 20 of the Residential Tenancies Act, landlords must maintain rental units in good repair and comply with health, safety, housing, and maintenance standards. Delays must be reasonable given the circumstances.
File T6 Applications
Tenants can file T6 applications with the LTB for maintenance issues and T2 applications for harassment. These can be filed together when maintenance delays constitute harassment.
Seek Immediate Relief
In cases involving health and safety hazards, tenants can contact municipal bylaw enforcement or public health authorities to compel repairs.
The Broader Implications
The weaponization of maintenance represents a troubling trend in Ontario's rental market. As housing becomes increasingly scarce and expensive, some landlords are exploiting their position to circumvent tenant protections. This practice not only violates the law but undermines the basic principle that all Ontarians deserve safe, habitable housing.
The LTB's consistent willingness to award substantial compensation in these cases sends a clear message: maintenance obligations are not optional, and using repair delays to force tenant departures will result in significant financial consequences.
Conclusion
While legitimate maintenance delays can occur due to factors beyond a landlord's control, the deliberate weaponization of repairs crosses a clear legal and ethical line. Tenants facing such tactics should know that the law is on their side, and the LTB has repeatedly demonstrated its willingness to hold landlords accountable for these practices.
The cases examined here show that when landlords choose to wage war through maintenance neglect, they often find themselves facing substantial financial penalties that far exceed the cost of simply doing the repairs properly in the first place. For tenants, understanding these patterns and knowing your rights is the first step in fighting back against this insidious form of harassment.
If you're experiencing maintenance-related harassment, document everything and consider seeking legal advice. The LTB has consistently shown that landlords who weaponize repairs will face serious consequences for their actions.
