Dealing with Damage or Injury from an Improperly Maintained Building

Most arrangements between a landlord and a tenant work well for both sides. You get a roof over your head and your landlord gets a nice study income from the rent you pay. Provided both sides enter in good faith and have fully understood the rental agreement any issues that occur can be brought up and dealt with amiably. Unfortunately, in some cases things don’t work out quite so smoothly and damage to one’s property can occur due to the fault of another.

Responsibilities of Both Parties

As a tenant you have a set of responsibilities under the law which include keeping reasonably quiet, keeping the unit clean, and not allowing damage to happen to it. On the other hand a landlord is responsible for keeping all units in their building in a good state of repair, including complying with all set standards for health and safety and ensuring all of their rental units are fit for habitation. In addition all maintenance for common areas like hallways and yards and any snow removal are the duty of the landlord.

Who’s at Fault?

If damages occur to your property, or worse you or a co-habiting loved one are injured, you need to assess who was at fault. If the damage or injury was due to the landlord failing to live up to their responsibility to maintain common areas or keep the unit up to standards then the case can be made that they are liable for the issue at hand.


For issues like property damage or failure to maintain standards Ontario has a quasi-judicial agency in place called the Landlord and Tenant Board. This board uses mediation and adjudication to attempt to resolve disputes between tenants and landlords. For serious injury however, appealing to this board may be insufficient and it could become necessary to seek out a lawyer with expertise in such matters.

Landlords are subject to codes and standards that ensure they don’t endanger others. Don’t let damage or injury caused by your landlord’s negligence go unanswered. Call Conte & Associates at 1-877-614-0008. Based in Vaughan and Whitby, Conte & Associates works with clients in Whitby/Oshawa, and in the following cities in Ontario: Oshawa, Ajax, Pickering, Clarington, Newcastle, Courtice, Bowmanville, Newcastle, Port Perry, Belleville, and Peterborough.

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