Landlord’s duty to repair and maintain:
Under section 32 of the Residential Tenancy Act, the landlord has a duty to repair all types of residential premises, furnished or unfurnished, even if they were in disrepair when the tenancy agreement was made.
A landlord must provide and maintain residential property in a state of decoration and repair that
(a) complies with health, safety and housing standards required by law, and
(b) having regard to the age, character and locality of the rental unit, makes it suitable for occupation by a tenant.
It should be noted that a landlord may not contract out of this obligation to maintain the premises.
Under section 33 of the Act, the landlord must conspicuously post on the property or give to the tenant in writing, the name and telephone number of a person the tenant is to contact for emergency repairs. Emergency repairs are defined by the Act as repairs that are urgent and necessary for the health or safety of anyone or for the preservation and use of the residential property, and include repairs to: major leaks in the pipes or roof, damaged or blocked water or sewer pipes or plumbing fixtures, the primary heating system, or defective locks that give access to the residential premises.
If emergency repairs are not made within a reasonable time after a tenant has made a reasonable effort on two or more occasions to contact the person at the telephone number referred to above, then the tenant may have the repairs made. The tenant may then deduct the amount of the cost (less any reimbursements received from the landlord) of these repairs from future rent payments. The tenant must provide the landlord with a written account, including receipts for each expense incurred for emergency repairs, and if the landlord is of the opinion that the costs were unreasonable or not for emergency repairs, then the landlord may apply for arbitration.
Tenant’s duty to repair:
The BC Residential Tenancy Act has imposed a slightly higher duty on the residential tenant than existed at common law. The relevant provision is also contained in section 32:
Landlord and tenant obligations to repair and maintain
