My landlord is refusing to make repairs I’ve asked for. What can I do? Can I stop paying rent?

As a tenant, you have rights and obligations when it comes to the repair and maintenance of your rental unit. Your landlord must keep the building and property safe and in good condition, so it's comfortable to live there. There are also some things you have to handle yourself. The first thing you should do is check that the issue you want fixed is something landlords are generally responsible for.

It’s not a good idea to stop paying the rent if you want to keep living in the rental unit. You can only withhold rent in certain situations, like if the Residential Tenancy Branch says it's okay or if your landlord agrees in writing. Otherwise, the law says that tenants must pay rent in full and on time. Even if you’re late by a day or short by a dollar, your landlord can give you a notice of eviction for late payment of rent. 

At the same time, it’s illegal for your landlord to try to get you to leave by neglecting their responsibilities.

Steps you can take

If you want your landlord to fix something, ask for the repair in writing. The Tenant Resource & Advisory Centre has a template “repairs and maintenance” letter you can use to do this. Send the letter to the address for service that the landlord listed in your tenancy agreement. Explain why the repair is necessary and give your landlord a reasonable deadline to fix the problem. 

If your landlord doesn’t take action, you can apply for dispute resolution with the Residential Tenancy Branch. Dispute resolution might sound intimidating and complicated, but you may be surprised how accessible it is. The process has been designed to be used by non-lawyers. The hearing itself is usually held over the phone.

You can apply for dispute resolution online. You need a basic BCeID account to do so. Click on the “start new application” button. The site will walk you through the application. The form will ask you whether you want the landlord to make repairs. Provide evidence of the problem such as photos or videos, and any written communications you’ve had with your landlord about the repair.

Your case will go before an arbitrator. If they agree with you, they can order the landlord to do the repair by a certain date. If the landlord still takes no action after the order, you can file another application and ask for your rent to be reduced by the cost of the repair. Or you can take a risk and do the repair yourself. You can then apply to the Residential Tenancy Branch for an order to have the landlord reimburse you or to reduce the rent by the cost of repairs.

If it’s an emergency

If you’re dealing with an emergency repair, you’ll need a faster process. Generally, emergency repairs are ones that are urgent and necessary for the health or safety of anyone, or for the preservation of the property. The law specifically sets out what kinds of things are considered an emergency repair, like major water leaks or broken heating systems. Renting it Right tells you what to do if you’re dealing with an emergency repair.

Who can help

Renting it Right is a free online resource for tenants living in BC. It steps you through everything you need to prepare for and participate in a dispute resolution hearing with the Residential Tenancy Branch.