# Ontariolandlord/ tenant question



## mrjimmy (Nov 8, 2003)

*Ontario landlord/ tenant question*

Hi all,

My sister recently began renting out her house in Toronto and brought up a few questions. Who is responsible for such routine maintenance items such as smoke detector batteries and furnace filters? Also, is it the tenants responsibility to clear the snow? As far as maintenance, does my sister have to be available to perform routine maintenace seven days a week or can she limit this to weekdays and/ or weekends only? Lastly, do the rent cheques need to be delivered or is it the responsibilty of the landlord to pick them up on the first of the month?

Thanks in advance!


----------



## Sonal (Oct 2, 2003)

Hi there. A lot of the stuff you've mentioned is a bit of a grey area, but this is how it is done in practice.

1) The tenant is generally responsible for smoke detector batteries and furnace filters. However, it's in your sister's best interest to replace these things herself... the fire marshall doesn't care whose responsibility it is, it's on the owner to ensure the smoke detectors are working, and it's the owner's cost to fix or replace the furnace even if the filters are not replaced properly. Best bet? Test the smoke alarms once a year (document this) and replace batteries at the same time, and at minimum provide the tenant with the correct filters, if she doesn't change them herself.

2) Snow clearing: for a house, that depends on what is agreed to upon renting (document this clearly). But keep in mind, if the snow is not clear, it's your sister that gets fined. (She could have some grounds for going after the tenant for this, though.) And ultimately, it's the landlord's responsibilty to keep the property safe, so this becomes a bit of a grey area. 

3) Routine maintenance, sure, she can just go in on weekends or weekdays (as long as she has proper written notice.) But she make sure that there's always someone available to go in if there are some urgent repairs needed... if a pipe breaks, someone needs to get in and turn the water off ASAP. 

4) As I recall, rent gets delivered to or picked up in whatever manner the tenant and landlord decide. (Document this.) If you can get post-dated cheques, that's easiest for everyone. 

Finally, this iis a good resource, plus the Board has a helpline you can call for answers and clarity. 
Landlord Tenant Board - Commission de la location immobilière


----------



## mrjimmy (Nov 8, 2003)

Thanks Sonal.


----------



## Dr.G. (Aug 4, 2001)

If anyone would know, mrj, Sonal would know. Her knowledge is first-hand ......... as has been her stress over such matters. She is a maven in these areas of expertise.


----------



## mrjimmy (Nov 8, 2003)

Ah, nothing like the smell of resurrected thread in the morning...

Another question regarding tenant issues.

The tenants in my sister's home decided to replace the aging and in poor condition fridge that came with the unit. This is a bonus as they did all the work at no expense to her. 

The trouble is, the fridge they purchased is acting up and they would like her to look after the servicing (don't know why it has no warranty, don't want to know).

Seems like a no brainer, right? It's their fridge, they should deal with it. Trouble is, they could ditch it and it becomes my sister's headache.

Advice?


----------



## Sonal (Oct 2, 2003)

mrjimmy said:


> Ah, nothing like the smell of resurrected thread in the morning...
> 
> Another question regarding tenant issues.
> 
> ...


Tricky situation. There's not really a rule for handling this situation.

Here's a question for you. When the tenants move out, are they taking the fridge with them? Or is it now part of the apartment? Is that well-understood between the tenants and the landlord?


----------



## mrjimmy (Nov 8, 2003)

Sonal said:


> Tricky situation. There's not really a rule for handling this situation.
> 
> Here's a question for you. When the tenants move out, are they taking the fridge with them? Or is it now part of the apartment? Is that well-understood between the tenants and the landlord?


I'm guessing they would probably want to take it with them although most apartments or homes come equipped. They may also want to sell it to her (quite nice but older stainless steel side by side.


----------



## Sonal (Oct 2, 2003)

mrjimmy said:


> I'm guessing they would probably want to take it with them although most apartments or homes come equipped. They may also want to sell it to her (quite nice but older stainless steel side by side.


That's something that should be cleared up, because it's important.

Here's why this is a tricky issue:
1) The tenants rented an apartment from the landlord, which included a fridge.
2) The tenants, with the permission of the landlord, replaced the fridge at their cost. 

If the fridge is the tenants' fridge, for them to remove, repair, etc., then essentially the apartment does not include a fridge anymore--so the tenants are paying the same rent, but had a loss in service as the landlord is no longer supplying a fridge (or providing any associated repairs). In a very strict sense, this is to the tenant's detriment. (Yes, I know, that it was the tenant's idea.) 

If the fridge is the landlord's fridge, which will stay in the apartment (and therefore, the landlord is responsible for the repair), then the landlord has benefitted to the tenants' detriment. 

So it's sticky. If it went to the Landlord and Tenant Board, I think it would up in the air and depend on which adjudicator you got.

Your sister should probably sit down with the tenants and sort out exactly who owns the fridge, what will happen when they move, and who will be responsible for repairs to the fridge going forward, and get that all down on paper. If she wants to play hardball, she can, but she could offer a little bit of money as a one-time goodwill gesture towards the repair. But get everything clear and on paper about what the deal is with the fridge.


----------



## mrjimmy (Nov 8, 2003)

Thanks Sonal.


----------

