Take Initiative
If tenants are unable to reach the landlord or agent promptly, or if the landlord doesn't address urgent repairs within a reasonable timeframe, tenants can take matters into their own hands. They can refer to the tenancy agreement for details of any nominated tradesperson to contact, if available.
Arrange for Repairs
Tenants have the authority to arrange for the urgent repairs to be completed by a licensed tradesperson. They can engage the necessary professionals to resolve the issue promptly, ensuring the safety and habitability of the property.
Seek Reimbursement
Landlords are legally obligated to reimburse tenants for the costs incurred in arranging urgent repairs, up to a maximum of $1,000. However, reimbursement is contingent upon several conditions:
The tenant did not cause the need for urgent repair.
The tenant notified the landlord or agent about the issue or made reasonable attempts to do so.
The landlord was given a reasonable opportunity to carry out the repairs.
The repairs were conducted by a licensed tradesperson, if applicable.
Document and Notify
After the repairs are completed, tenants should document the details of the repairs and keep copies of all receipts. They must then notify the landlord in writing, providing a breakdown of the repair costs and attaching copies of the receipts.
Timely Reimbursement
Upon receiving the written notice from the tenant, the landlord is obligated to reimburse the tenant within 14 days. Failure to do so can prompt tenants to escalate the matter to the tenancy complaints service for resolution.
Tribunal Application
If the urgent repairs are anticipated to exceed $1,000 in cost or if the tenant is unable to cover the expenses, they have the option to apply to the Tribunal for an urgent hearing order. This legal recourse ensures that tenants can address significant repair issues effectively, safeguarding their rights as renters.
Understanding their rights regarding urgent repairs empowers tenants to take necessary action to ensure the safety and habitability of their rental property. By following the outlined steps and adhering to legal procedures, tenants can effectively address urgent repair needs while protecting their interests and upholding their responsibilities as renters.