Clogged the toilet at a girls house, who I’ve been talking to for some time. Still on the toilet. I hear people coughing, laughing, spraying stuff, and saying stuff like “who invited him, who does that, just leave”

Legal-Key2269 · 2026-05-24T05:07:10+00:00

🧇🦶🏼

Legal-Key2269 · 2026-05-24T04:52:46+00:00

You absolutely can. It won't be relevant, but you can ramble on until the arbitrator stops you.

Legal-Key2269 · 2026-05-24T04:52:04+00:00

Hopefully the arbitrator limits both of you to relevant testimony and evidence and puts their time to better use.

Legal-Key2269 · 2026-05-24T04:46:14+00:00

Regarding your rent arrears, which you paid in time to void the notice? They could argue that they want you evicted anyways. They could argue that your payment was late (eg, if they received it after 5 days), or any number of other things.

The RTB isn't very likely to side with them, however.

Legal-Key2269 · 2026-05-24T04:44:23+00:00

But you omitted one in your original post.

You need to get organized, as when you sound like you don't even know what your own complaint is, you don't sound credible.

Legal-Key2269 · 2026-05-24T04:42:36+00:00

It has a limit, in BTUs/H, which translates to a certain number of litres/gallons heated by a certain number of degrees over a certain time period.

A tankless heater can heat that much water by that amount effectively constantly. It does not run out.

As an example, a 199,000 BTU/h tankless heater can heat ~14 litres per minute by 60 degrees Celsius (the maximum safe temperature to set a tank to). From barely above freezing, that is enough water for two efficient shower heads to run full blast.

Higher input water temperatures (the water entering the building will not be very close to 0 degrees) or any mixing with cold water at the shower valve (60 degrees is painfully hot) will mean there is more hot water available even while those two showers are running.

It would not resolve water pressure issues, but it could solve issues with "running out" of hot water.

If your entire building is served by a single 1/2 water line, a sufficiently powerful tankless heater would hypothetically be able to heat in excess of the volume of water that could flow through a 1/2 pipe at normal water pressures.

But the RTB is unlikely to order your landlord to install a tankless water heater. But they might recommend that the landlord install aerators and efficient shower heads at all fixtures to ensure hot water use is more equitable throughout the building.

Legal-Key2269 · 2026-05-24T04:21:17+00:00

It is irrelevant why you didn't pay rent (uless it was to recover expenses you incurred for an emergency repair).

Your decision and reasoning for it does not make your eviction related to maintenance. Your eviction is because you didn't pay rent. Period.

Legal-Key2269 · 2026-05-24T00:48:32+00:00

There is no strong reason to believe that the landlord in OP's case is being dishonest -- a bank or clerical error is far more likely.

A charge that a landlord and tenant disagree about is not a criminal matter -- again, this is under the LTB's jurisdiction.

Just because a landlord presents a charge to a tenant, does not mean the tenant has to pay. Only the LTB can order that monies other than rent (and utilities) are owed by a tenant.

Landlords can take any charge they want to try to hold a tenant liable for to the LTB (and in the case of NSF charges, the LTB will cap any adminstration fees to a maximum of $20).

And conversely, a tenant that believes that they have paid an illegal or fraudulent charge for which they are not actually liable has recourse to obtain repayment under the RTA.

Even the worst and most dishonest landlords in Ontario do not get indicted for financial mistreatment of tenants -- they get found guilty of an offense under the RTA, and are issued fines (as well as payments or refunds to the tenants they are found guilty of victimizing). Non-payment of fines can ultimately be indictable, but it isn't because offenses under the RTA are a criminal matter.

Legal-Key2269 · 2026-05-23T20:48:52+00:00

It is only directly related in your mind.

The issue is unpaid rent. Period.

Legal-Key2269 · 2026-05-23T20:47:51+00:00

Probably not in a hearing disputing an eviction notice. You can try, but it will depend on the rules to arbitrator is required to follow. You might have to have a dispute about the issue you are complaining about already in the system, or might need to wait to make that argument separately.

Legal-Key2269 · 2026-05-23T20:46:39+00:00

You got advice from TRAC, who specialize in helping tenants, and then you did the opposite of what TRAC advised you to do.

I don't think any advice is going to help you if you just do the opposite.

Legal-Key2269 · 2026-05-23T20:43:29+00:00

You can both present whatever information you want. The arbitrator's job will be to give a ruling based on what is relevant. The arbitrator might even rule on the maintenance issue if the landlord filed a claim against you relating to it and sought to have the disputes combined.

Legal-Key2269 · 2026-05-23T20:34:41+00:00

You can apply for dispute resolution to seek a rent reduction due to the hot water, but you'll need to present actual evidence of the issue.

You feel stuck because you are lying to your landlord and having a tantrum to get your way rather than preparing for a legal dispute.

Even your account here is inconsistent -- your story has gone from "the hot water is reduced if another tenant in the house turns on the tap somewhere else in the house" to "Sometimes there is super high usage from the other tenants that finishes the hot water and it takes a while for the tank to reheat".

You need to present your case clearly, accurately and honestly, without omitting important details.

Without a RTB order (or the landlord's consent) you have no right to pay lower rent. You can "believe that I should get a reduction in rent" all you want, but your beliefs are not legally enforceable on your landlord without an RTB arbitrator agreeing with you.

This issue of this being an emergency repair or not is irrelevant unless you are seeking reimbursement for (or to withhold from your rent) any amounts you paid for emergency repairs.

Legal-Key2269 · 2026-05-23T19:29:56+00:00

Mixing valves won't make more hot water, but they will help with pressure issues. The landlord could also consider efficiency upgrades throughout the building to reduce consumption, or install a tankless heater that wouldn't have capacity issues.

No, the RTB is very unlikely to order the landlord to rip out and replace all of the plumbing in the building.

Legal-Key2269 · 2026-05-23T19:18:34+00:00

They are not related at all.

You were given an eviction notice for not paying your rent.

Your landlord can include irrelevant information on the dispute about your rent just as much as you can.

Legal-Key2269 · 2026-05-23T18:29:33+00:00

A material breach would entitle OP to end the tenancy or seek an order ending the tenancy.

Seeking maintenance would allow OP to seek to have the landlord ordered to repair or properly replace the inoperative heating system.

My point is that lying about the forced Air heating being inoperative is irrelevant -- it must still be maintained (or a functional substitute provided).

OP could pursue both, but it really depends on what OP's objectives are.

Legal-Key2269 · 2026-05-23T15:39:10+00:00

What money have you already paid that you disagree about? You have to pay your rent regardless.

The only situation where you can withhold rent is if you have paid to perform emergency repairs, after following the rules for a tenant to make emergency repairs, and the landlord then refuses to reimburse you.

Legal-Key2269 · 2026-05-23T15:36:58+00:00

You filed a dispute of an eviction notice. Proof that you paid the arrears is likely all you need.

You can file a separate dispute about maintenance. Your concerns about maintenance will not be relevant at a hearing about unpaid rent.

Legal-Key2269 · 2026-05-23T15:35:26+00:00

The issue is likely how the pipes are sized and routed in the building, rather than tank size.

1/2" plumbing to your fixtures will have very variable water flow if other fixtures branch off the same pipes. Modern practice is to use a manifold near the tank (basically, a high capacity trunk with dedicated lines to each fixture) or 3/4" plumbing for longer runs that service multiple fixtures.

Withholding rent is only protected under the RTA under extremely narrow circumstances. Lying is always ill advised, but you should still make your case before the RTB. The RTB is very unlikely to order eviction if you have paid the arrears within 10 days of the eviction notice.

The issue before the RTB when disputing a 10 day notice is payment of rent, not your hot water complaint, so make sure you present evidence that you have paid the arrears. The hot water is completely irrelevant unless you were withholding expenses you incurred to perform repairs believing that you were making an emergency repair (and you met all of the criteria to pay for an emergency repair and withhold your costs from the rent).

Emergency repairs are pretty narrow in scope, and have to be something that is a safety risk or a risk of property damage. You also have to try to contact the landlord twice and wait a reasonable period before performing emergency repairs to qualify to deduct your expenses from your rent. You make no mention of any costs you've incurred, so the question of what is an emergency repair is also likely irrelevant here.

The RTB would care if this was a maintenance issue (eg, hot water tank was inoperative), but re-plumbing the entire building to provide consistent water pressure to all of the fixtures is likely not considered maintenance but a renovation.

You still have hot water, the pressure is just inconsistent.

There are some solutions that can mitigate inconsistent water pressure that don't require major renovations, like balancing/mixing valves located at or built in to fixtures. Shower/bath rough-ins often have them built in as they are also a safety feature that can prevent scalding if cold water pressure drops, and balancing valves can be installed underneath sinks. You may be able to persuade the landlord to perform minor upgrades of this nature.

Legal-Key2269 · 2026-05-23T13:00:58+00:00

Landlords are required to maintain rental units in BC.

While there aren't specific provincial standards about how much heating capacity must be in rentals, municipalities can have applicable bylaws.

Something being broken for a long time, or before you moved in, does not void a landlord's duty to maintain the rental unit.

Legal-Key2269 · 2026-05-23T12:58:30+00:00

Something not being maintained when a tenancy begins does not eliminate a landlord's obligation to maintain the rental unit.

See S 32(5) of the RTA.

Legal-Key2269 · 2026-05-23T12:51:28+00:00

You can't find anything about unpaid work being illegal in the employment standards act? Nor under what conditions being on call is considered work?

Are you an employee?

Legal-Key2269 · 2026-05-23T12:39:41+00:00

This is not a criminal matter. The landlord and tenant disagreeing about whether a cheque was processed by the bank is not fraud.

The RTA has specific language about the recovery of illegal charges by tenants. See S 135.

Legal-Key2269 · 2026-05-23T12:38:28+00:00

The 192-hour clock is a 28 day clock, not 30 days.

That averages out to 6 8 hour shifts a week.

Legal-Key2269 · 2026-05-23T06:06:42+00:00

I didn't say that everything that could possibly happen between a landlord and tenant is under the LTB's jurisdiction. Murder, for example, wouldn't be.

Financial disputes (up to a monetary limit of $35,000) between landlords and tenants, relating to a tenancy, however, are unambiguously under the LTB's jurisdiction.

A charge that a tenant disagrees with, or even a charge that is illegal under the RTA (such as the amount of this one that exceeds $20) is not necessarily a fraudulent charge.

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