Seeking Legal Advice – Landlord (family Member) Neglecting Major Repairs And Mold Issues In Home We Rent

Location: Canada, Hamilton.

Hi everyone,

I’m looking for some advice on what the best course of action would be in a complicated rental situation. My wife’s aunt (so my aunt-in-law) owns the house we currently live in. We’ve been paying rent to her every month through e-transfer, but there’s no formal written lease — everything has been verbal.

The main issue is that the property has fallen into serious disrepair, and she refuses to do anything about it. Some of the major problems include: • The laundry room is covered in mold due to long-term water damage. • The basement flooded months ago, and she didn’t do anything for over 3 months — we were the ones who eventually had to clean and repair it. • There are large cracks in the foundation and roof shingles falling off. • The bathroom tiles have been damaged for years and never replaced. • Due to the flooding and standing water, we now have a cockroach problem.

We’ve repeatedly asked her to fix these issues, but she refuses and acts like it’s our responsibility because we “live here.”

We’re worried about our health and safety, especially with the mold and pests. We’re also not sure what our rights are, since there’s no written lease — only monthly e-transfers as proof of rent.

Questions: 1. What steps can we take to protect ourselves and hold her accountable for repairs? 2. Does the lack of a written lease affect our rights under Ontario’s landlord-tenant laws? 3. Should we report the condition of the property to the city or health department first, or go straight to the Landlord and Tenant Board (LTB)? 4. Are we able to withhold rent or move out without penalty if the house is deemed unsafe?

We really don’t want to cause family drama, but this has become unlivable and unsafe. Any advice or next steps from people familiar with Ontario tenancy laws would be appreciated.

Thank you in advance.