Mold in a rental in Ontario: who is responsible?

This is general information, not legal advice. For a specific dispute, contact the Landlord and Tenant Board, a community legal clinic or a lawyer.

The basic rule

Under Ontario’s Residential Tenancies Act, a landlord must keep a rental unit and the building in a good state of repair, fit for habitation, and in compliance with health, safety, housing and maintenance standards. That duty applies even if the tenant knew about a problem when they moved in.

A tenant is responsible for ordinary cleanliness of the unit and for repairing damage caused by their own wilful or negligent conduct.

For mold, the practical question is what is causing the moisture.

Usually the landlord’s responsibility

• Roof, window and plumbing leaks
• Water coming through from another unit
• Failed caulking and grout that lets water into walls
• Bathroom or kitchen exhaust fans that do not work or are not vented outdoors
• Missing insulation and cold walls
• Basement seepage
• Mold inside walls, ceilings and floors
• Repairs after a flood or sewer backup

Usually the tenant’s part

• Wiping up routine condensation on windows and in the bathroom
• Using the fans that are provided
• Normal cleaning of surface mold on tile and caulk
• Not blocking heat registers or keeping the unit unheated
• Reporting leaks and damp promptly

In reality many cases involve both. A cold, poorly ventilated unit will grow mold however carefully the tenant behaves, and that is a building issue.

What a tenant should do

1. Take dated photos and video of the mold and any water source.
2. Tell the landlord in writing, by email or letter, describing what you have found and where. Keep a copy.
3. Allow access for inspection and repair. Landlords must generally give 24 hours’ written notice to enter for repairs.
4. Keep notes of each contact and what was promised.
5. Protect your belongings by moving them away from the area.
6. See a health professional if anyone has symptoms, and keep any record.

Do not stop paying rent. Withholding rent can lead to eviction proceedings regardless of the repair problem.

If the landlord does not act

• Municipal property standards. Your city’s bylaw or property standards office can inspect and order repairs. In many cities you reach it through 311.
• Public health. Local public health units can advise where there is a health hazard.
• The Landlord and Tenant Board. A tenant can apply about maintenance problems. The Board can order repairs and, in some cases, a rent reduction or compensation.
• Legal help. Community legal clinics assist tenants who qualify.

What a landlord should do

• Respond quickly and in writing
• Find and fix the moisture source, not just the visible mold
• Have larger areas removed professionally under containment
• Dry the structure before closing it up
• Keep records of what was done

Painting over mold or spraying it without fixing the cause leads to a repeat complaint and a larger repair.

Who pays for a tenant’s damaged belongings?

Generally a tenant’s own insurance. The landlord’s policy covers the building, not the tenant’s contents. Compensation from a landlord is possible where the landlord was at fault, but that is a matter for the Board or the courts. Tenant insurance is strongly worth having.

If you have to leave during repairs

Major remediation can make a unit temporarily unusable. Tenant insurance often includes additional living expenses for a covered loss. What a landlord owes in that situation depends on the facts, so get advice.

Keeping a record

Whichever side of the tenancy you are on, records settle disputes. Keep:

• Dated photographs of the mold and of any leak or water staining, taken at intervals to show whether it is spreading
• Copies of every written report and reply
• Dates of visits, inspections and repairs
• Notes of what was said in phone calls, followed up by email
• Humidity readings, if you have a gauge
• Receipts for cleaning, damaged belongings or temporary accommodation
• Any letter from a doctor, where health is affected

What a proper repair includes

A landlord who sends someone to spray and paint over the patch has not fixed the problem if the cause is still there. A lasting repair has four parts:

1. The source of the moisture is found and corrected, whether that is a leak, a failed fan or missing insulation.
2. Wet and moldy materials that cannot be cleaned are removed.
3. The area is cleaned and dried.
4. Finishes are put back.

For larger areas, the work area is isolated so that dust and spores are not spread through the rest of the unit or the building.

Common disagreements

“It is caused by the tenant’s lifestyle.” Sometimes moisture from cooking, showers and drying laundry is part of the picture. But a unit has to be capable of being lived in normally. If there is no working fan, the windows are failing or the walls are uninsulated, ordinary living will produce mold, and that is a building problem.

“It is only cosmetic.” Small patches of surface mold on a window frame may be. Mold that keeps returning, covers a large area or comes with a leak is not.

“The unit was fine when you moved in.” Move-in photographs help both sides here.

Multi-unit buildings

In an apartment building, the cause is often outside the unit: a leak from the unit above, a riser, the roof or the building envelope. Report it to the landlord or property manager in writing, and say so if neighbouring units are affected as well. The repair may need access to more than one unit.

Before you sign a lease

• Look at ceilings, window frames, closets and under sinks for staining or fresh paint over patches
• Check that the bathroom fan works and that the kitchen has ventilation
• Notice any musty smell, particularly in a basement unit
• Ask whether the unit has had water damage
• Take dated photographs on the day you move in

More: mold removal and remediation.