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Debra, Lawyer
Category: Canada Law
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mold in house

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Is landlord responsible to pay for tenant who’s failure to maintain the house?        


I rent a house including the basement to a tenant (Ontario, Canada) for a year. She does not clean and ventilate the house, and this summer mold appeared on the walls of basement and bathroom. She accused it is landlord’s responsibility to hire a professional cleaning company to clean the mold… or she would call Health Department.


What Health Department in Ontario will do on landlord? How can I do?

Thank you for your question.

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Are you saying she caused the mold problem?

Was there a flood there and she failed to tell you, for example?
Customer: replied 3 years ago.

She did not tell me any flood there. There was a little leak on basement walls since it is quite common in older houses. But as long as the tenant keep ventilate basement and clean it often, mold should under control. I live in a newly build house, and my basement will have mold if I do not keep ventilate or dehumidifying.

I am not sure the landlord tenant board or the health department or the court will agree with you.

The landlord is responsible for keeping the house in good repair. It's not usually the tenant's responsibility to deal with mold.

If there were leaks it is very likely the case that you would be told that you are required to make all necessary repairs so that the leaks do not continue and so that there is no mold.

I don't believe you will succeed in arguing that the tenant has to keep your basement ventilated.

So it's likely the case that your best next step would be to simply have the mold removed, make all necessary water-proofing repairs and to do so before the tenant calls public health.

Let me know if you need any further clarification.
Customer: replied 3 years ago.

Where can I find the Health Department? Is it a department of the City?

I suggest calling by-law enforcement first as I think they would be the ones who would likely get involved in a rental but if not they will tell you where to call:

Debra and other Canada Law Specialists are ready to help you

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