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Find a Lawyer » Canada Legal Guides » Ontario Legal Guides » Landlord & Tenant Rights Ontario » Who Pays for Excessive Water Usage if a Landlord Delays Fixing a Running Toilet in Ontario?

Who Pays for Excessive Water Usage if a Landlord Delays Fixing a Running Toilet in Ontario?

12 Jun 2026 5 min read No comments Landlord & Tenant Rights Ontario
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In Ontario, landlords are legally responsible for maintaining plumbing fixtures. If a landlord ignores requests to fix a running toilet and the tenant pays for their own utilities, the tenant can file a T6 application with the Landlord and Tenant Board (LTB) to demand reimbursement for the excessive water bills caused by the delay.

Renting a home in cities like Toronto, London, or Ottawa often means taking on the responsibility of paying for your own utilities. When everything works perfectly, this arrangement is entirely manageable. However, a faulty plumbing fixture, such as a constantly running toilet or a severely leaking pipe, can waste thousands of litres of water in a surprisingly short amount of time. If your landlord drags their feet on fixing the issue, you might suddenly receive a utility bill that is hundreds of dollars higher than usual. Many tenants assume they are stuck paying this inflated cost, but Ontario law provides a clear avenue for financial recovery.

As of May 2026, the Residential Tenancies Act (RTA) places a strict burden on landlords to maintain the rental property in a good state of repair. A broken toilet is not a cosmetic issue; it is a maintenance failure. When a landlord’s negligence directly causes a tenant to suffer a financial loss-such as an astronomical water bill-the tenant has the legal right to seek compensation. It is generally recommended to keep a meticulously documented paper trail, as verbal complaints hold very little weight if you need to escalate the dispute to a provincial tribunal.

Step-by-Step Process in Ontario

Whether you rent a townhouse in Mississauga or a single-family home in Windsor, the steps to hold your landlord accountable follow a strict legal framework. You must act reasonably and quickly to mitigate the damages.

Step 1: Report the Maintenance Issue in Writing

📝 The moment you notice the toilet running continuously, you must notify your landlord or property management company. This notice must be in writing-an email, a text message, or a formal maintenance portal request. Describe the issue clearly and mention that the running water will inflate the utility bill. Keep a copy of this communication, as it proves exactly when the landlord became aware of the defect.

Step 2: Take Steps to Mitigate the Water Loss

Under Ontario law, tenants must try to minimize their losses. If it is safe and possible to do so, turn off the water supply valve located directly behind the base of the toilet when you are not actively using it. Taking photos or videos of the running water and your efforts to stop it can serve as powerful evidence later.

Step 3: Pay the Inflated Utility Bill

You should generally pay the water bill directly to the municipality or utility provider to avoid late penalties, interest charges, or having your water shut off. Do not arbitrarily deduct the cost from your monthly rent without an official LTB order, as withholding rent can lead to your landlord filing an eviction notice against you for non-payment.

Step 4: Request Reimbursement from the Landlord

Once the toilet is finally repaired, calculate the difference between your average water bills and the inflated bill. Send a formal, polite written request to your landlord asking them to reimburse you for the difference, attaching copies of the bills. Give them a reasonable deadline, such as 14 days, to issue you a cheque or an e-transfer.

Step 5: File a T6 Application with the LTB

If the landlord refuses to pay or simply ignores you, your next step is to file a Form T6 (Tenant Application about Maintenance) with the Landlord and Tenant Board. On this form, you will select the remedy that requests the landlord to compensate you for your out-of-pocket expenses resulting from their failure to repair the plumbing in a timely manner.

How Much Does it Cost in Ontario?

Pursuing a landlord for out-of-pocket utility expenses involves a few specific costs, though winning your case can offset them.

Expense / FeeEstimated Cost (CAD)
LTB Filing Fee$53 (often reimbursed if you win).
Inflated Water BillsEasily $200 to $600+ depending on the leak’s severity.
Paralegal Representation$500 to $1,500+ if you hire professional help for the hearing.

How Long Does the Process Take?

A landlord is generally expected to address a significant plumbing leak within a few days to a week. However, if they ignore the issue and you must file a T6 application, the timeline slows down drastically. Due to ongoing backlogs at the LTB in 2026, it typically takes 6 to 10 months to secure a virtual hearing date. Once the hearing concludes, waiting for the formal written order can take an additional 30 to 60 days.

Frequently Asked Questions (FAQ)

Can I withhold my rent to cover the water bill?

No. In Ontario, it is highly illegal to withhold rent for any reason, including maintenance disputes. If you short your rent, the landlord can serve you with an N4 eviction notice. Always pay your rent and seek reimbursement through the proper LTB channels.

Can I hire my own plumber and charge the landlord?

If the landlord ignores repeated written requests and the situation becomes an emergency, a tenant can sometimes hire a plumber and apply to the LTB for reimbursement. However, a running toilet is rarely considered a critical emergency, so doing this without permission carries the risk that the LTB may not force the landlord to repay you.

Will the city forgive the high water bill?

Generally, municipalities in Ontario do not forgive water bills just because a plumbing fixture was broken. Some cities have a one-time leak adjustment program, but you must apply for it, and it usually requires proof that the repair has been completed by a licensed professional.

What if my lease says I am responsible for plumbing repairs?

Any clause in an Ontario lease that forces a tenant to pay for regular maintenance or plumbing repairs is completely void and unenforceable under the Residential Tenancies Act. The landlord is always legally responsible for the building’s infrastructure.

How do I prove the bill is higher than normal?

You should gather your water bills from the six months prior to the toilet breaking to establish a baseline average. Presenting this average alongside the suddenly inflated bill gives the LTB adjudicator clear mathematical proof of your financial loss.

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