Discovering mold in your apartment or rental house is frustrating and concerning for your health. Whether it is a small patch of black spots on bathroom grout or a larger patch spreading behind baseboards, Ontario tenants have clear legal protections under the Residential Tenancies Act (RTA).
Your Legal Rights as an Ontario Tenant
Under Section 20 of Ontario’s Residential Tenancies Act, landlords are legally required to maintain a residential complex in a good state of repair and fit for habitation. This includes addressing environmental hazards like structural moisture leaks, plumbing failures, and mold growth.
- Landlords must cover repair costs: You are not financially responsible for professional mold inspection or remediation caused by building maintenance issues or structural leaks.
- Property maintenance standards apply: Municipal property standards bylaws across Ontario explicitly mandate that landlords prevent dampness and mold buildup.
- You have a right to a safe home: Persistent mold exposure can trigger respiratory issues, allergies, and asthma. Landlords must act promptly to resolve these hazards.
Step-by-Step: What to Do When You Find Mold
Handling mold effectively requires clear documentation and prompt communication. Follow these steps as soon as you spot an issue:
- Document Everything Immediately
Take clear photos and video recordings of the mold growth, measuring its size relative to a coin or ruler. Take wide shots showing the surrounding room and close-ups of the affected surface (drywall, window sills, ceilings, or behind appliances). Do not clean up major growth before taking photos. - Submit a Written Maintenance Request
Send a formal maintenance request via email or your property management portal. State clearly: where the mold is located, when you first noticed it, any underlying leak or water intrusion, and how it impacts your living space. Always create a paper trail. - Take Safe Interim Measures
Avoid scrubbing large patches yourself, as disturbing mold spores can spread them through the air. Keep windows open or run a dehumidifier if safe. Move personal belongings away from damp walls or under-sink leaks to protect your health and property. - Track All Communications and Expenses
Log every phone call, text message, or email sent to your landlord regarding the issue. Save receipts for any out-of-pocket expenses (like a small dehumidifier or destroyed personal property).
What to Expect From Your Landlord
Once notified, your landlord should inspect the property to evaluate the growth and identify the root cause—such as a leaking pipe, roof failure, or faulty ventilation fan.
A proper response involves identifying the moisture source and arranging professional cleaning or drywall removal if necessary. Simply painting over the area or spraying bleach on structural drywall does not fulfill a landlord’s legal obligation to perform proper mold remediation.
How Long Does My Landlord Have to Fix Mold in Ontario?
Ontario law requires landlords to address repair issues within a reasonable timeframe. While the RTA does not prescribe a specific number of exact hours, the severity determines the urgency:
- Active leaks and severe flooding: Should be addressed within 24 to 48 hours.
- Minor surface mold or ventilation repairs: Should be scheduled for inspection and action within 5 to 7 business days.
If mold threatens health or renders a room unusable, your landlord is expected to treat it as an urgent priority.
What to Do If Your Landlord Is Not Being Responsive
If your landlord ignores your request, delays repairs, or refuses to take action, you have several formal avenues for recourse in Ontario:
1. Contact Municipal By-law Enforcement (Property Standards)
Most municipalities in Ontario have Property Standards officers. You can call your local municipal city hall (e.g., 311 in major hubs) to request a property standards inspection. If the inspector finds dampness or mold violations, they can issue an Order to Comply directly to your landlord with strict deadlines.
2. File an Application with the Landlord and Tenant Board (LTB)
If the landlord refuses to fix the mold, you can file a Form T6: Tenant Application about Maintenance with the LTB. Through Form T6, you can request:
- An order compelling the landlord to complete professional mold remediation.
- A rent rebate for the period you lived with unaddressed mold.
- Compensation for damaged personal property (e.g., clothing or furniture destroyed by mold).
- Reimbursement for out-of-pocket costs incurred due to landlord delay.
3. Contact Public Health (In Severe Cases)
In cases involving severe water damage, structural contamination, or health impacts, local public health units can offer guidance or conduct environmental health assessments.
Critical Rules: What Tenants Should Never Do
While waiting for mold repairs, avoid taking actions that could put you in breach of your lease or Ontario law:
- DO NOT withhold rent: In Ontario, withholding rent is illegal under the RTA—even if your landlord is failing to complete maintenance. Withholding rent allows your landlord to issue an N4 eviction notice for non-payment. Always pay your rent on time and use LTB Form T6 to claim rent rebates legally.
- DO NOT attempt major repairs yourself: Removing drywall or knocking down infected walls without professional remediation equipment can release heavy spore counts and compromise structural integrity.
