# Quick question: Landlord Responsibilities in Ontario



## Adrian. (Nov 28, 2007)

Hi

My nephew has an apartment in Toronto. His stove is totally done, so they said they will replace it with A twin element plug in device and a toaster oven. I always thought that apartments had to come with a stove and a fridge. Is this legal for them to do this? I cannot find the law on this matter. Any help would be greatly appreciated!


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## singingcrow (May 6, 2005)

Information - Maintenance and Repairs


> If something no longer works because of normal “wear and tear,” the landlord must repair it so that it works properly, or replace it. When something is replaced, however, the landlord does not have to supply a new or better model.


So in other words if he rented with a working stove then the landlord needs to maintain that he will always have a working stove, not replace it with something less than.


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## SINC (Feb 16, 2001)

I bet Sonal knows the answer to this one. Sonal?


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## kps (May 4, 2003)

That verges on the unbelievable. The landlord sounds like a total ass.

Where does he live, in a_ real_ apartment building or in someone's basement?

I blame it on the HST...


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## monokitty (Jan 26, 2002)

I wouldn't want to live under your friend's landlord if that's their stance on the matter...


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## Sonal (Oct 2, 2003)

Apartments don't _have_ to come with anything.

If he had a stove, they need to give him another stove. It doesn't have to be a new stove, just a working one.

Unless there is some specific reason why they can't (e.g., really weird impossible-to-find size) but even if there is some really good reason why they can't, then I would think they need to come up with a better compromise than this, one that your nephew would agree to. 

I'm less familiar with Tenant applications, but sounds like he could file a combined T2/T3. (Reasonable Enjoyment / Reduction of Service.) Call the Board for greater clarification. If he takes it that far, the best thing to do when you get there is ask to talk to a mediator--you get by far the best outcomes that way.
Help for Tenants


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## Macfury (Feb 3, 2006)

Adrian. said:


> Hi
> 
> My nephew has an apartment in Toronto. His stove is totally done, so they said they will replace it with A twin element plug in device and a toaster oven. I always thought that apartments had to come with a stove and a fridge. Is this legal for them to do this? I cannot find the law on this matter. Any help would be greatly appreciated!


A toaster oven is not an oven. That represents a reduction in what the landlord offered the tenant. He should threaten to roast a turkey in it and burn the place down.


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## SoyMac (Apr 16, 2005)

I'm a landlord.

Did Nephew sign a lease?

If yes, this a contract issue. 

If Nephew signed a lease, and there was a working stove in the apartment at the time he signed, he signed a contract with the landlord to pay rent for the apartment as presented to Nephew - rent for apartment with working stove.

The landlord is responsible for ensuring the existing appliances are in working condition, as long as any damage or disrepair has not been caused by misuse by the tenant.

If the landlord wishes to change the terms of the lease/contract/agreement, then the landlord has broken the lease agreement, and your Nephew has a few options;

1. Tell the landlord that the hot plate and toaster oven are not acceptable, and to replace the stove ASAP.

2. Negotiate a lower rent.

3. Move. (Landlord has broken the lease. Nephew is no longer bound by it)

Moving may be a problem, since the landlord may attempt to enforce the lease, even though it was the landlord who broke the terms of the agreement. But it can be a messy legal thing.

I believe Nephew may file a complaint, and let the due process work it's way through until the landlord either complies, or Nephew is granted legal right to no longer pay rent. 
I believe the process takes something like 3 months. 
NOTE* I've read up on this stuff, but right now I'm just writing off the top my head, so anyone with more accurate info, please feel free to comment.

The basic issue here, though, is that the landlord has changed the terms of the legal agreement that Nephew signed with the landlord: 
The tenant pays rent for an apartment that comes with a functioning, real stove.

What the landlord has done, is akin to you agreeing to lease a car with A/C. 

- After you've signed the lease and have driven the car for a month, the A/C breaks. 

- The dealer then replaces the A/C with an electric fan mounted to the dashboard, but your lease costs remain the same.

- Not acceptable or defensible.


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## Sonal (Oct 2, 2003)

SoyMac said:


> If the landlord wishes to change the terms of the lease/contract/agreement, then the landlord has broken the lease agreement, and your Nephew has a few options;
> 
> 1. Tell the landlord that the hot plate and toaster oven are not acceptable, and to replace the stove ASAP.
> 
> ...


The Residential Tenancies Act supercedes all leases. Just because the landlord has broken the lease (and in fact, violated the Act) doesn't give the tenant the right to just move except in accordance with the Act (i.e., 60 days written notice from the end of the term.) Even if the lease is not in force, the Act still applies.

My experience has been that leases are largely unenforceable, but the Act is enforceable.


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## madhatress (Jul 22, 2007)

Macfury said:


> A toaster oven is not an oven. That represents a reduction in what the landlord offered the tenant. He should threaten to roast a turkey in it and burn the place down.


OMG, I almost peed myself :lmao:


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