Landlord Liability: What You Need To Know

August 25, 2021

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As a renter, it’s important to know your rights when it comes to your home. There are many types of personal injuries that can arise on an unsafe property, such as trips, slips, falls, and even motor vehicle accidents.

In Ontario, the Occupiers’ Liability Act states that the occupier of a property is required to keep people who enter the property “reasonably safe”. As a result, if an occupier does not take proper precautions to ensure the safety of all who enter the property, there can be serious ramifications.

Additionally, under the Ontario Residential Tenancies Act, landlords have a primary duty to maintain the rented premises in a "good state of repair and fit for habitation,” while also complying with any local laws and regulations.

Both the Occupiers’ Liability Act and the Ontario Residential Tenancies Act refer to similar topics that can be complicated to understand fully. As a renter, it’s essential to know what you’re responsible for. It’s also important to understand what your landlord is responsible for if there happens to be an injury on your rented property or home.

When Can A Landlord Be Held Responsible?

The Occupiers’ Liability Act imposes a duty on property occupiers to see that anyone who is entering the premises is reasonably safe in the given circumstances. In regard to the obligations of a landlord as an “occupier,” Section 8 of the OLA states:

“8 (1) Where premises are occupied or used by virtue of a tenancy under which the landlord is responsible for the maintenance or repair of the premises, it is the duty of the landlord to show towards any person or the property brought on the premises by those persons, the same duty of care in respect of dangers arising from any failure on the landlord’s part in carrying out the landlord’s responsibility as is required by this Act to be shown by an occupier of the premises.”

Essentially, landlords are responsible to ensure that the proper maintenance and repairs are carried out in order to protect all tenants and/or visiting parties to the property. This could include repairs such as loose floorboards that could be tripping hazards or broken windows that could be seen as failing to keep the property in a good state of repair and fit for habitation.

Understanding Your Rights

As with many types of claims, if you are making a claim based on injuries that were a result of landlord negligence, it’s imperative that you do so in a timely manner. There are certain time limitations that could put you or your case at risk if you wait too long to pursue legal action. Understanding the complex procedures involved in receiving your compensation can be challenging and a personal injury lawyer can help guide you in the right direction and answer any questions or concerns you may have about your case. If you or someone you love has been injured as a result of negligence of another party, the team at Beckett can help get you the compensation you deserve.

Our Beckett lawyers are dedicated to providing you the best possible legal representation and working alongside you with compassion for your unique circumstances. We know it can be difficult to begin the journey towards healing and justice, but rest assured that a Beckett lawyer will be with you every step of the way. Contact us today for a free case consultation and let us help you on your way to justice.

Published on August 25, 2021

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