The T6 application [Application about Maintenance] is a form that allows a tenant to file a complaint with the Landlord and Tenants Board (Board) if “the landlord has not properly maintained or repaired” your unit or the residential complex. The Form T6 also allows the complainant to request financial compensation for the violation of the maintenance standard.
Maintenance violations covered under the T6 application relate specifically to health, safety, housing/maintenance standards. The information page at the Board identifies some items that can be associated with maintenance violations tenants could use as a guide when filing a T6 application. For example:
A) Repair the rental property
This could include items such as:
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electrical, plumbing or heating systems,
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appliances,
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carpets in the unit or common areas,
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walls, roofs, ceilings,
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windows, doors, locks, lighting,
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garages, laundry rooms, patios, walkways or pools.
If something no longer works because of normal “wear and tear,” the landlord must repair it so that it works properly, or replace it. When something is replaced, however, the landlord does not have to supply a new or better model.
For example, if a stove supplied by the landlord cannot be fixed and must be replaced, it does not have to be replaced with a newer model with more features. Also, the landlord could replace it with a used stove, as long as the used stove works properly.
B) Maintain the rental property
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The landlord must keep the rental property clean. This includes any lobby area, halls, elevator, laundry room, pool, and parking lot or garage. A landlord must also make an effort to control pests such as cockroaches and mice. (Obviously other pests such as bed bugs and racoons can be included).
After filing the T6 application a tenant should not withhold rent. Withholding rent could have serious consequences for the tenant. The landlord would have the legal right to commence eviction action against the tenant. Instead the tenant should pay some or all of their rent to the Board while waiting for their hearing. The Board has provided the Request to Pay Rent to the Board form for that purpose. Refer to this link: http://www.sjto.gov.on.ca/ltb/forms-filing/#tenant-forms
MORE ON THE T6 APLICATION FORM
The Board charges a fee for filing a T6 application. That fee will cover only one unit if you are the individual complainant. However, when you make a ‘group application’ that includes other tenants affected by the maintenance violation then each additional unit will have to pay an additional $5 up to a maximum of $450. That means that over 80 tenants can be included in the application when the maintenance violation affects almost the entire tenant population in a building.
You can download a copy of the Form T6 application from the Landlord and Tenant Board website at this link:
http://www.sjto.gov.on.ca/ltb/forms-filing/#tenant-forms
It is also recommended that you review the Tenant Survival Manual published by the Federation of Metro Tenants Associations. Pay particular attention to pages 14,15, and 16 for clarification and guidance. Make sure you also check the FMTA publication on GETTING REPAIRS DONE as this document provides clear direction on handling outstanding repairs. Page 6 of this publication also contains a ‘sample complaint letter’ that you can modify when submitting a complaint to the landlord.
The T6 application process can be time-consuming and complicated. When group action is being considered it would be prudent to seek legal advice when bringing maintenance violations before the Board.
Remember – You pay rent and abide by the conditions of the rental agreement and are therefore entitled to enjoy all the amenities in your building. Do not be intimidated by the landlord or the landlord’s agents.
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East York Tenants Group 