If you own a rental property in Ontario, one section of the Residential Tenancies Act governs more landlord-tenant disputes than almost any other. That section is Section 20.
Tenants cite it in T6 maintenance applications. Adjudicators reference it when ordering rent abatements. Property standards officers rely on it when issuing Orders to Comply. If you manage rental housing in Ontario, Section 20 is the rule you need to understand cold.
This post explains what Section 20 says, what it means in practice for landlords in London, St. Thomas, and Strathroy, what happens when it's breached, and how to document your way out of trouble.
What RTA Section 20 Actually Says
Section 20(1) of the Residential Tenancies Act, 2006 reads:
A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.
Three things stand out:
1. "Good state of repair" — The unit must be kept in working order. This is an ongoing obligation, not a one-time check at move-in.
2. "Fit for habitation" — The unit must be liveable. No mould so severe a tenant can't safely breathe. No pest infestation that makes the space unhealthy. No broken heating system in winter.
3. "Regardless of the state of the rental unit at the start of the tenancy" — This is Section 20(2), and it's the part most landlords miss. Even if a tenant moved into a unit that already had problems, and even if the tenant agreed to accept those problems, you are still legally responsible for bringing everything up to standard.
You cannot contract out of Section 20. A lease clause saying "tenant accepts unit as-is" or "tenant waives right to repairs" is void under the RTA. It carries no legal weight at all.
What Falls Under Section 20
Section 20 covers the entire residential complex — not just the inside of the unit, but every part of the building and property. Common areas, parking areas, stairwells, shared laundry rooms, and the exterior all fall under your obligation.
Here is what landlords are responsible for maintaining:
Structural and building envelope
- Roof, walls, ceilings, and floors in sound condition
- Windows and exterior doors that close, lock, and seal properly
- Foundation integrity — no water infiltration, no structural movement
Mechanical systems
- Heating system capable of maintaining 21°C from September 1 to June 15 (this is also set by the City of London Property Standards By-law and the Building Code)
- Plumbing in good working order — hot and cold running water, functional drains
- Electrical systems safe and up to the standard at the time of original installation
Interior conditions
- No moisture intrusion or active mould growth that affects habitability
- Walls, floors, and ceilings in reasonable repair (no large holes, no water-damaged drywall left unrepaired)
- Appliances the landlord supplies (fridge, stove, dishwasher) must be kept in working order
Pest control
- A pest-free environment is a habitability standard under Section 20. If there are cockroaches, mice, bed bugs, or other infestations, that is a Section 20 breach. See our post on pest control obligations for Ontario landlords for the full breakdown.
Common areas and exterior
- Hallways, stairwells, and shared spaces maintained and lit
- Parking areas kept clear of hazardous conditions
- Exterior of the building in sound condition
What Does NOT Fall Under Section 20
Section 20 does not make you responsible for everything that goes wrong in a rental unit. There are limits.
Tenant-caused damage is not a maintenance obligation — it is a tenant obligation under RTA Section 34. If a tenant punches a hole in a wall, breaks a window, or causes a pest infestation through negligence, that is not your Section 20 responsibility. It becomes yours only if you become aware of it and fail to address it in a way that makes the unit unfit for habitation.
Cosmetic issues in a unit that is otherwise habitable are generally not Section 20 violations. Worn paint, minor scuffs, or dated fixtures that work fine do not trigger a maintenance application. The standard is habitability and good repair, not perfection.
Improvements beyond code are not required. Section 20 does not require you to upgrade a unit beyond the standard that existed when it was built or last renovated. If the electrical is older but code-compliant and safe, you are not required to rewire it.
What Tenants Can Do When You Breach Section 20
A tenant who believes their landlord is failing to maintain the unit or complex has two main options under the RTA.
T6 Application — Maintenance
A tenant can file a T6 Application with the Landlord and Tenant Board. This is the most common enforcement route for Section 20 breaches.
At a T6 hearing, the LTB adjudicator can order:
- Rent abatement — a reduction in rent going back to when the issue started. Abatements for significant maintenance failures routinely range from 10% to 30% of monthly rent, applied retroactively. For a tenant paying $1,600/month, a 20% abatement applied to six months of neglect is $1,920 coming out of your pocket.
- A work order — the LTB can order you to complete specific repairs by a specific date.
- Administrative fines — in serious cases, the LTB can impose fines up to $25,000 for an individual landlord.
- Costs — the LTB can order you to pay the tenant's filing fees.
Section 82 Claims at Other Hearings
A tenant does not need to file a separate T6 application to raise a maintenance issue. Under RTA Section 82, a tenant can raise any issue — including maintenance failures — at a hearing you initiated (for example, an L1 rent arrears hearing). This catches many landlords off guard. You show up for a rent hearing, and the tenant immediately raises maintenance complaints you were not prepared to respond to.
This is one of the most important reasons to fix maintenance issues promptly and document every repair. If a tenant has a legitimate Section 20 complaint and raises it at your L1 hearing, an adjudicator can set off any abatement against the rent arrears you are trying to collect — reducing or eliminating what they owe you.
Property Standards Complaints
In the City of London, tenants can also file a complaint with the City's Property Standards team. City officers can conduct inspections and issue Orders to Comply under the Property Standards By-law. These orders run parallel to the LTB process — both can be active at the same time.
An outstanding Property Standards order can also affect your ability to renew your Rental Housing Licence. See our posts on rental unit licence renewal for what an open order means for your licence.
How Long Do You Have to Fix Things?
The RTA does not specify exact timelines for every type of repair. The standard is what is reasonable given the nature of the problem and its effect on habitability.
In practice, the courts and the LTB have applied common-sense timelines:
| Type of issue | Expected response time |
|---|---|
| No heat in winter | 24 hours or less |
| No hot water | 24–48 hours |
| Major leak or water intrusion | Immediate — same day assessment |
| Broken appliance (landlord-supplied) | 3–7 days |
| Pest infestation (active) | Within 7 days — professional treatment arranged |
| Non-urgent structural repair (no safety risk) | 30–60 days |
| Cosmetic repairs | Schedule at next available opportunity |
These are guidelines, not LTB rules. A two-week delay fixing a broken furnace in January is very different from a two-week delay repainting a bathroom. Adjudicators look at severity and impact on habitability when assessing whether you responded reasonably.
How to Document Maintenance Properly
Documentation is your protection at a T6 hearing or Section 82 claim. A tenant cannot easily win a maintenance complaint if you have a paper trail showing you received the report, acknowledged it, and resolved it promptly.
Here is the process to follow for every maintenance request:
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1. Receive in writing. Encourage tenants to submit maintenance requests by text, email, or a maintenance request form. Written requests create a timestamp. Verbal requests are hard to prove you received at all.
2. Acknowledge promptly. Send a brief reply confirming you received the report and stating when you or a contractor will assess the problem. This shows good faith and documents the start of your response.
3. Assess before committing. Sometimes what a tenant describes is not what is actually wrong. Have a qualified person inspect first so you know what you are dealing with.
4. Document the repair. Keep invoices, contractor receipts, photos before and after, and any written estimates. These become your evidence file if the issue ever reaches the LTB.
5. Confirm completion. Send a follow-up message noting that the repair has been completed and asking the tenant to let you know if there are further issues. This closes the loop and creates a clear record.
Our post on landlord record-keeping in Ontario walks through the full documentation system, including how long to keep records and what formats work best if you end up at an LTB hearing.
Section 20 and London / SW Ontario: Local Context
For landlords in London, St. Thomas, and Strathroy, Section 20 does not operate in isolation. It sits alongside local standards and enforcement regimes.
City of London landlords face parallel enforcement through Property Standards Officers and the Rental Housing Licensing program. A maintenance failure that triggers a T6 at the LTB may also trigger a property standards complaint to the City — and both can proceed simultaneously. You may be dealing with an LTB hearing and a City Order to Comply at the same time.
St. Thomas landlords deal with the City of St. Thomas Property Standards By-law, which has its own inspection and compliance process. See our guide to St. Thomas rental bylaws for what this means locally.
Heating standards are strict in this climate. Southwestern Ontario winters are real. A heating failure in a London or Strathroy rental in February is not a "schedule it when you can" situation — it is a same-day emergency. A landlord who leaves a tenant without heat for 48+ hours in January is virtually guaranteed an abatement at the LTB and faces potential exposure under the vital services rules. See vital services cutoff obligations for what is and is not permitted.
Common Section 20 Mistakes
These are the situations that most commonly result in T6 applications, rent abatements, and LTB orders against Ontario landlords.
Ignoring or slow-rolling maintenance requests. The single biggest mistake. A tenant who feels ignored becomes a tenant who files with the LTB. Acknowledge every request quickly, even if you cannot fix it immediately.
Failing to address mould. Mould complaints are taken seriously by LTB adjudicators. Minor surface mould from poor ventilation is a repair issue. Significant mould from moisture intrusion is a habitability issue. The distinction matters legally, and you should deal with both categories as quickly as possible.
Assuming a verbal "it's fine" from a tenant protects you. It does not. If you ask a tenant "are you okay?" and they say "yes, it's fine," that is not a legal waiver of their Section 20 rights. The issue can still be raised later at the LTB.
Deducting repair costs from a security deposit without documentation. Ontario does not allow traditional security deposits — only last month's rent deposits. But even where you have legitimate deduction rights (last month's rent interest offset, for example), the process must be documented. See what landlords can deduct from last month's rent.
Starting an eviction proceeding without fixing known maintenance issues. If you serve an N4 or file an L1 against a tenant who has a legitimate open maintenance complaint, you are almost certain to face a Section 82 cross-claim at the hearing. Clean up open maintenance issues before you initiate any LTB proceedings. See our N4 notice guide for the eviction process.
Frequently Asked Questions
Does Section 20 apply to appliances the tenant brought in themselves? No. Section 20 only covers appliances supplied by the landlord. If the tenant brought their own refrigerator and it breaks, that is the tenant's problem. If you supplied the refrigerator in the lease, it is yours to maintain.
Can I make the tenant responsible for minor repairs in the lease? The RTA allows landlords and tenants to agree that the tenant will perform and pay for specified maintenance or repair services up to a value of $50. Anything above $50, or any agreement that attempts to offload broader maintenance responsibility, is void. This is in RTA Section 20(3).
What if the tenant caused the damage? Tenant-caused damage is governed by RTA Section 34, not Section 20. You still have to fix it to maintain habitability, but you can pursue the tenant for the cost through the LTB or Small Claims Court. Document the damage with photos and written notice to the tenant before you repair it.
Can a tenant just stop paying rent if I haven't fixed something? No. Tenants cannot unilaterally withhold rent — doing so gives you grounds to file an N4 and L1 for rent arrears. The correct process is to file a T6 with the LTB and let an adjudicator decide on abatement. However, if a T6 is active when you bring your L1, the abatement can be set off against the arrears at the same hearing.
How far back can a T6 go? A T6 application must generally be filed within one year of the last act or omission of the landlord that is the subject of the application. However, if the problem has been ongoing, the limitation period is more complex. Significant historic abatements can still be ordered.
Is Section 20 the same as the Property Standards By-law? No — they are parallel regimes with different enforcement bodies. The RTA and the LTB govern the landlord-tenant relationship. The Property Standards By-law is a municipal law enforced by City officers. Both can apply to the same situation at the same time.
What if the repair is expensive and I cannot afford it right now? Cost is not a defence at the LTB. An adjudicator will not dismiss a T6 because the repair is expensive. If you genuinely cannot fund a required repair, you need to act quickly — investigate financing options, get contractor quotes on record, and communicate with the tenant in writing. Showing genuine effort and a timeline matters. Silence and inaction does not.
The Bottom Line
Section 20 is not complex in concept. Your rental unit must be in good repair and fit for people to live in. The problems arise when landlords treat maintenance as optional, slow, or negotiable.
Respond to every request in writing. Document every repair. Fix things before they become emergencies. If you cannot fix something immediately, communicate your timeline and keep that record.
If this is starting to feel like more administration than you signed up for, that is an honest signal about capacity. Small landlords in London and the surrounding area who want maintenance handled proactively — with documentation, contractor relationships, and LTB-ready records already in place — are exactly who Prospera Properties works with. Reach out to talk about how we handle this on your behalf.
For more on Ontario landlord obligations, see our guides on landlord maintenance responsibilities, winter maintenance for Ontario landlords, and LTB hearing preparation. For the official RTA text, see ontario.ca.