Out for Three Weeks While Your Landlord Fixes Mould — Who Pays?
There is no provision in Ontario law that lets a landlord make you leave temporarily while your tenancy continues. That single fact decides who pays for your...
Frequently Asked Questions
Can my landlord make me move out temporarily for repairs?
Not unilaterally. Nothing in the Residential Tenancies Act lets a landlord require a tenant to leave temporarily while the tenancy continues. The Act's route for repairs needing vacant possession is an N13, which ends the tenancy and gives a right to return. Without an N13, the landlord is asking you to agree, and the terms including accommodation are negotiable.
How much compensation does an N13 pay for a three-week repair?
In a complex with fewer than five residential units, if you give written notice that you intend to move back, compensation is the rent for the lesser of one month and the period the unit is under repair. For three weeks that is roughly three weeks' rent — calculated on what you pay, not on what a hotel costs. Larger complexes have a longer cap, set out in Interpretation Guideline 12.
Is compensation still payable if the city ordered the repairs?
No. Compensation is not required where the landlord has been ordered to do the work. Mould complaints often produce a municipal work order, so a tenant can be displaced under an N13 with nothing payable under section 54. That is a reason to pursue a maintenance application instead, not a reason to avoid complaining.
Can I recover hotel costs from my landlord?
Potentially, through a T6 maintenance application rather than through N13 compensation. Section 30 allows the Board to order the landlord to pay reasonable out-of-pocket expenses incurred as a result of the breach, plus a rent abatement, the cost of replacing damaged property and general damages. That head is not capped at a month's rent.
Does it matter why the mould happened?
It is usually decisive. Following Herbold v. Pajelle Investments, an abatement for lost use during a short period of necessary repairs is granted only in the most exceptional cases. But Interpretation Guideline 5 says that where a landlord has done little maintenance for an extended period and a serious condition results, the landlord is responsible for the tenant's loss of use during the repairs. Your record of earlier complaints is what puts you on the right side of that line.
Does my own insurance cover temporary accommodation?
Often yes. Most tenant contents policies include additional living expenses coverage for hotel, meals and extra costs when a unit becomes uninhabitable, and it is usually the fastest money available. Call your insurer before booking, keep all receipts, and note that claiming does not prevent you from also pursuing the landlord.
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