As a tenant, what can I do if the property manager is ignoring maintenance issues (and giving me a hard time)?
The building management never responds to my maintenance requests. And now they’re sending complaint letters that feel bogus. One accuses me of having too many people stay at my place. But I’ve only had a friend stay over a couple of times. What can I do?
Cillian
Maple Ridge, BC
Under the law, landlords in BC must maintain rental units in a “state of decoration and repair.” In doing so, they must comply with health, safety and housing standards. And they must make sure the property is suitable for occupation. The age, character and location of the rental unit are taken into account.
Who’s responsible for what
Some examples of repair and maintenance issues that landlords are generally responsible for include:
heating, plumbing and electricity
walls, floors and ceilings
painting at reasonable intervals
The law says that tenants are responsible for maintaining the health, cleanliness and sanitary standards of their unit. Things that the tenant is generally responsible for include:
reasonable maintenance of carpets
wiping or vacuuming baseboards to remove dust and dirt
replacing light bulbs and standard fuses
As you can tell, it's not always clear who’s responsible for what when it comes to repairs in a tenancy. Have a look at this policy guideline from the Residential Tenancy Branch for in-depth guidance. As well, see this page on repairs and maintenance in a tenancy.
If you're having no luck with the property manager, try to work things out with your landlord directly. The property manager represents the landlord and follows their instructions. But it’s ultimately the landlord who must meet their obligations to you under the law. If the landlord also ignores your maintenance requests, you might have the right to end your tenancy agreement.
Your right to quiet enjoyment
As for the letters, you may feel that the property manager is unreasonably disturbing you. Under the law, all tenants are entitled to quiet enjoyment of their living space. This includes the right to reasonable privacy and freedom from unreasonable disturbances. See this guideline from the Residential Tenancy Branch for more on your right to quiet enjoyment.
A good first step would be reaching out to the property manager and your landlord to get some clarity. It may be a simple misunderstanding. You might be able to resolve the issue amicably.
What if the manager isn’t cooperative? You could try writing a letter to your landlord. The Tenant Resource & Advisory Centre has a template letter you can use (once you click the link, look under "correcting a breach"). It can help you complain about loss of quiet enjoyment. The letter is addressed to the landlord. It’s the landlord who has the legal obligation to make a reasonable effort to correct the situation. If they don’t, you can take them to dispute resolution with the Residential Tenancy Branch.
If you suspect you’re being treated poorly based on some part of your identity, this could be discrimination. See this guidance on discrimination in housing for more.
If your efforts aren’t getting you anywhere, you can reach out to the Tenant Resource & Advisory Centre. They have some options for one-on-one help. Here are the details.
Oscar Miklos
Refresh Law