waterdamagequotesInsurance · renting
Water damage in a rental: what the landlord owes, what the tenant owes, and whose insurance pays
When water damages a rented home, three parties can end up paying: the landlord, the tenant, and their insurers. The first two are decided by provincial tenancy law before any insurer is involved — the landlord’s duty to keep the place in repair, and the tenant’s responsibility for damage they cause. Insurance follows the same line: the landlord’s policy for the building, the tenant’s for their belongings and liability.
This page sets out that line in Ontario, British Columbia and Alberta from the statutes and the tenancy tribunals’ own guidance, with BC’s unusual emergency-repair rule for leaks, and what the Insurance Bureau of Canada says each side’s insurance does.
The short version
- Landlords must keep rental units in a good state of repair. In most cases the landlord or their insurer pays for repairs from an insured peril, IBC says.
- Tenants pay for damage they cause by wilful or negligent conduct (Ontario) or actions or neglect (BC) — not for wear and tear.
- BC’s Act names major leaks in pipes or the roof as emergency repairs a tenant can arrange and be reimbursed for, after two calls to the landlord.
- The landlord’s insurance does not cover the tenant’s belongings or liability. Tenant insurance does, with living expenses.
The words in the lease and the law
| What you would say | What the law calls it | Where |
|---|---|---|
| Keeping the place fixed | A good state of repair and fit for habitation | Ontario RTA s. 20 |
| Damage the tenant caused | Undue damage caused by wilful or negligent conduct | Ontario RTA s. 34 |
| Damage the tenant caused | Damage caused by the actions or neglect of the tenant | BC RTA s. 32(3) |
| Normal ageing | Reasonable wear and tear | BC RTA s. 32(4); Ontario LTB |
| An urgent leak | Emergency repairs | BC RTA s. 33 |
| Not damaging the place | The tenant’s covenants | Alberta RTA s. 21 |
| Renter’s insurance | Tenant insurance; liability insurance in the lease | Ontario standard lease, s. 11 |
| Where disputes go | Landlord and Tenant Board / Residential Tenancy Branch | Ontario / BC |
What the landlord owes
Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 20(1) · 2026
And for complying with health, safety, housing and maintenance standards. Section 20(2) says this applies even if the tenant knew of the disrepair before moving in. Consolidation from September 21, 2026.
The landlord’s duty is to the building and the unit: pipes, roof, fixtures and the repair after something fails through ordinary wear. BC’s Act says the same in its own words at s. 32(1), and Alberta’s landlord covenants include meeting the minimum housing standards under the Public Health Act. The Landlord and Tenant Board puts the Ontario rule simply: if something stops working through normal wear and tear, or breaks or wears out, the landlord must repair or replace it.
Insurance Bureau of Canada, Severe Weather Insurance Help · 2026
IBC adds that tenants are usually responsible for their own belongings — covered if they have tenant's insurance — and for additional living expenses unless the rental agreement says otherwise. Elsewhere IBC says a homeowner's policy does not include a tenant's contents or personal liability, and that tenant's insurance includes additional living expense cover, subject to limits.
What the tenant owes
Residential Tenancies Act, 2006, s. 34 · 2026
Or of another occupant, or a person the tenant permitted in the complex. The Landlord and Tenant Board's plain-language version: a tenant must repair or pay for damage that is not normal wear and tear, whether done on purpose or by not being careful enough; and a tenant should not withhold rent even if a repair has not been done.
Residential Tenancy Act, S.B.C. 2002, c. 78, s. 32(3) · 2026
Or of a person the tenant permitted on the property, or an occupant. Section 32(4): a tenant is not required to make repairs for reasonable wear and tear. Section 32(1) puts maintenance and repair to health, safety and housing standards on the landlord. Current to September 22, 2026.
Residential Tenancies Act, S.A. 2004, c. R-17.1, s. 21(e) · 2026
One of the tenant's covenants that form part of every Alberta residential tenancy agreement. The landlord's covenants in s. 16 include that the premises meet the minimum housing standards under the Public Health Act. Current as of May 14, 2026.
Three provinces, three phrasings, one line: damage the tenant or their guests caused is the tenant’s; wear and tear is not. On a water loss the difference is usually the source. A pipe that failed with age is the landlord’s; a bath left running or a washing machine hose the tenant installed badly is the tenant’s. Ontario’s wording turns on wilful or negligent conduct, BC’s on actions or neglect.
BC’s emergency repair rule for leaks
Residential Tenancy Act, S.B.C. 2002, c. 78, s. 33(1) · 2026
Named in BC's statutory definition of emergency repairs, along with damaged or blocked water or sewer pipes or plumbing fixtures. Under s. 33(3) a tenant may have emergency repairs made only after at least two attempts to phone the landlord's emergency contact and reasonable time to act; under s. 33(5) the landlord must reimburse on a written account with receipts; under s. 33(7) the tenant may deduct an unpaid amount from rent. None of that applies where the damage was caused primarily by the tenant's actions or neglect (s. 33(6)(d)).
British Columbia writes a leak procedure into its tenancy statute itself. The sequence matters: two attempts to phone the landlord’s emergency contact, reasonable time for them to act, then the repair, then a written account with receipts. Done that way, the landlord must reimburse — and if they do not, the tenant may deduct the amount from rent. The Residential Tenancy Branch adds that tenants should report water damage to the landlord immediately and that both sides share a duty to minimize each other’s losses.
Province of British Columbia, Residential Tenancy Branch, Repairs and maintenance · 2026
Last updated March 4, 2026. The Branch continues: landlords should fix water damage quickly to avoid more serious issues like mould growth; landlords and tenants share a duty to minimize each other's losses; and landlords are not responsible for damage caused by tenants, their pets or guests. Its heading for the order of operations: make the repair, then work out who should pay for it.
Whose insurance pays for what
| What was damaged | Usually pays | Source of the rule |
|---|---|---|
| The building and the unit, from an insured peril | The landlord or the landlord’s insurer | IBC |
| The tenant’s belongings | The tenant’s own insurance, if any | IBC |
| Somewhere to stay while the unit is repaired | The tenant, unless the rental agreement says otherwise; tenant insurance may cover it | IBC |
| Damage the tenant caused | The tenant — and their liability cover, if any | Ontario s. 34 / BC s. 32(3) / Alberta s. 21 |
| Damage to the unit below that the tenant caused | The tenant’s liability, if they caused it | IBC: tenants may be liable for damage they cause to the building |
Government of Ontario, A guide to the standard lease for rental housing (PDF) · 2021
From section 11 of the standard lease guide. If the landlord asks for proof of coverage, the tenant must provide it; contents insurance is up to the tenant.
IBC notes that personal liability insurance is typically a legal condition in a lease, and that a homeowner’s policy does not include a tenant’s contents or liability — including when the homeowner rents out a room. For a tenant, the practical point is the one people learn after the first leak: the landlord’s insurance rebuilds the unit, and nothing on it replaces your things.
Rent, repairs and the order of operations
- Report the leak to the landlord at once, in writing as well as by phone.
- Limit the damage you safely can — the shared duty to minimize losses runs both ways, and your insurer expects it too.
- Photograph the source and the damage; who caused it decides who pays.
- Call your own insurer for your belongings.
- Do not withhold rent in Ontario. The LTB says a tenant should not, even if a repair has not been done; disputes go to the Board. BC’s deduction right applies only to reimbursable emergency repairs done by the statutory steps.
If the leak came from a unit above in a condo or strata building, the owners and the corporation have their own rules on top of these: see Ontario condos and BC strata.
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Questions people actually ask
Who pays for water damage in a rental?
The landlord is responsible for keeping the unit in repair, and IBC says in most cases the landlord or their insurer pays for repairs to the unit caused by an insured peril. Tenants are usually responsible for their own belongings, and for damage they cause through wilful or negligent conduct (Ontario) or actions or neglect (BC).
Is a tenant liable for water damage?
Only for damage the tenant, an occupant or a guest caused. Ontario's Residential Tenancies Act, s. 34, covers undue damage from wilful or negligent conduct; BC's s. 32(3) covers damage from actions or neglect; neither covers reasonable wear and tear.
Does the landlord's insurance cover my belongings?
No. IBC says tenants are usually responsible for their belongings, covered if they have tenant's insurance, and that a homeowner's policy does not include a tenant's contents or personal liability.
Can I fix a leak myself and deduct it from rent in BC?
Only as an emergency repair under s. 33 of BC's Residential Tenancy Act: major leaks in pipes or the roof qualify, after at least two attempts to phone the landlord's emergency contact and reasonable time to act. With a written account and receipts the landlord must reimburse; if not, the tenant may deduct the amount from rent.
Can I withhold rent in Ontario if the landlord won't fix a leak?
The Landlord and Tenant Board says a tenant should not withhold any part of the rent, even if a necessary repair has not been done. Repair disputes go to the Board.
Does my lease require tenant insurance?
It can. Ontario's standard lease lets a landlord and tenant agree whether the tenant must have liability insurance, and the tenant must show proof if asked. Contents insurance is up to the tenant.
Where to read next
- Ontario condos: who pays
- BC strata: the deductible
- The duty to limit further damage
- Appliance leaks
- Twelve water situations compared
Sources cited on this page
- Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 20(1)
- Insurance Bureau of Canada, Severe Weather Insurance Help
- Residential Tenancies Act, 2006, s. 34
- Residential Tenancy Act, S.B.C. 2002, c. 78, s. 32(3)
- Residential Tenancies Act, S.A. 2004, c. R-17.1, s. 21(e)
- Residential Tenancy Act, S.B.C. 2002, c. 78, s. 33(1)
- Province of British Columbia, Residential Tenancy Branch, Repairs and maintenance
- Government of Ontario, A guide to the standard lease for rental housing (PDF)
Every figure above was read from the source it is attributed to on September 20, 2026. How we check this.
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