A Broken Toilet Ran for Weeks and the Water Bill Is Huge — Who Pays?
A running toilet can add hundreds or thousands of dollars to a water bill. In Ontario the answer turns on one question the Board asks first: did the landlord...
Frequently Asked Questions
Is my landlord responsible for a high water bill caused by a running toilet?
Usually yes, if you told them and they failed to fix it within a reasonable time. Section 20 of the Residential Tenancies Act makes the landlord responsible for keeping the unit in a good state of repair, and Interpretation Guideline 5 treats serviceable plumbing as part of what is rented. The Board can order the landlord to pay reasonable out-of-pocket expenses incurred as a result of the breach.
My lease says I am responsible for plumbing repairs. Does that hold up?
No. Interpretation Guideline 5 states that a lease term making the tenant responsible for maintaining any part of the unit beyond ordinary cleanliness and damage is not enforceable, relying on Fleischman v. Grossman Holdings Ltd. and Burt Dozet Management Inc. v. Goharzad. Landlords cannot contract out of section 20.
What if I never told my landlord about the running toilet?
Your claim is much weaker. Section 20 is not strict liability: in McQuestion v. Schneider the Court of Appeal rejected a tenant's claim about a defect the landlord did not know of, while in Dye v. McGregor the landlord was liable once notified. Guideline 5 also says an abatement is not appropriate where the landlord was unaware of the problem until the application was filed.
Can I withhold rent until my landlord pays the water bill?
No. Withholding rent invites an N4 and an arrears application, and since 21 September 2026 a tenant must pay the landlord half the arrears claimed, at least seven days before the hearing, in order to raise maintenance or other issues at a non-payment hearing. The lawful alternative is to ask the Board for permission to pay rent into the Board under section 195, which is granted only in special circumstances.
How much of the bill can I actually claim?
The excess, not the total. Establish your normal consumption from roughly twelve months of earlier bills and claim the difference attributable to the leak. Set it out as its own item on the T6 with a figure, because Guideline 5 warns that an application without details can be dismissed.
How long do I have to apply?
One year under subsection 29(2). For an ongoing failure to repair, the limitation period runs from the date the repair is finally completed, but following Toronto Community Housing Corp. v. Vlahovich the Board can only find a breach and grant a remedy for the one-year period before the application was filed.
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