Rental With a Private Well: Landlord Responsibilities for Well Water in Ontario

Landlord responsibilities for well water in an Ontario rental start with ownership. Ontario says the person with a well on their property is responsible for it, and the Landlord and Tenant Board lists hot and cold water as a vital service a landlord cannot withhold. In practice, you keep the well, pump and plumbing working, test the water on a schedule, and act fast when it stops.

Landlord responsibilities for well water: the rules that apply

Three sources of rules apply at once, and a rural rental with a well touches all of them.

• The well itself. Ontario's guidance for well owners says that if you have a well on your property, you are responsible for it. As owner you must protect the well water and the groundwater from contamination, including surface water and foreign material getting into the well.
• The Residential Tenancies Act (RTA). The Landlord and Tenant Board (LTB) says a landlord must keep a rental property in a good state of repair and keep everything the landlord provides in working order. That includes plumbing systems. These duties apply even if the lease says otherwise, and even if the tenant accepted the unit in poor condition.
• Vital services. The LTB defines them as hot or cold water, fuel, electricity, gas and, during part of the year, heat. If a landlord provides a vital service, the landlord cannot withhold the reasonable supply of it, even when rent is overdue.

The LTB also says a rental must meet health, safety, housing and maintenance standards. Those come from municipal property standards by-laws or, where a municipality has none, from the provincial maintenance standards in the RTA regulations. Ask the township or city where the rental sits which applies.

Who is responsible for the well, pump and septic system

Ownership is simple. Day-to-day behaviour on the lot is shared, so it helps to spell out the split.

Our posts on landlord maintenance obligations under the RTA and utility responsibilities cover the general rules, which assume a municipal water supply. The well adds the testing and contamination duties above.

Water testing for a rental well: how often and what to do with results

The RTA pages reviewed for this post set no testing schedule. Public health bodies do. Region of Waterloo Public Health says private well owners should test for bacteria three times a year (spring, summer and fall) and once a year for nitrates and fluoride. Bacterial testing is free and is funded by Public Health Ontario. Chemical testing goes through a licensed laboratory, and laboratories charge for it. Outside Waterloo Region, ask the local public health unit for its schedule and sample bottles.

A workable routine for an owner:

1. Pick the test dates and calendar them for every rural unit.
2. Collect samples exactly as the lab instructs, or arrange access for whoever does. Samples are taken and dropped off the same day.
3. Give the tenant a copy of each result and keep the original in the unit's file.
4. Test again after a flood, a repair to the well or a change in the water's colour, taste or odour.

If a result shows the water is not safe, call public health and follow its advice. Ontario's well guidance links ignoring the local medical officer of health's advice on non-potable water to a requirement to plug and seal the well, unless the Wells Program Director gives written consent. After a flood, the Region says to stop using the water for drinking, cooking and brushing teeth, use bottled water, stay away from a flooded pump and hire a certified well contractor to check the wiring and restart the pump.

Maintenance and emergency repairs when the water or septic fails

No water is a vital service problem, not a routine repair. The LTB says a tenant who tells the landlord about a problem that is not fixed in a reasonable time can report it to the municipality, apply to the LTB, or do both. The LTB also tells tenants not to withhold rent in the meantime, so a quick, documented response keeps a repair from turning into a dispute.

Steps that protect both sides:

1. Take the report in writing. The LTB advises tenants to ask in writing. Make that easy with one number and one email address.
2. Sort the cause. A utility power outage, a failed pump, a pressure problem, a dry well and a contamination event are different problems. Each calls for a different response, so find the cause first.
3. Call a licensed contractor. Ontario says well contractors must be licensed and must use licensed technicians. Ask to see both licences before work starts.
4. Arrange drinking water in the meantime. This is good practice, not a rule found in the pages reviewed. Ask the LTB or a paralegal what a long outage requires.
5. Give notice to enter. Entry for repairs generally needs 24 hours' written notice, with entry between 8 a.m. and 8 p.m.
6. Record everything. Dates, calls, invoices and test results are your evidence if the LTB or the municipality asks.

A failing septic system can threaten the well. Ontario lists a septic system that is not working or pumped as a contamination risk, so treat a backup or soggy ground near the well as an urgent call to a septic contractor.

Lease wording for a rural rental with a well

Ontario's standard lease guide says sections on maintenance and repairs cannot be changed. Anything more specific goes in section 15, additional terms, written in plain language. Any term that tries to take away a right or responsibility under the Act is void. One example in the guide is a term requiring the tenant to pay for repairs that are the landlord's responsibility. So a clause that says the tenant pays for pump repairs will not hold.

Useful terms that stay on the right side of that rule:

• The tenant reports low pressure, a noisy pump, or any change in the water's colour, taste or odour as soon as it is noticed.
• The tenant keeps vehicles, fuel, salt, fertilizer and pet waste away from the well and does not cover or alter the well cap.
• The tenant uses the septic system as the landlord describes in writing.
• The landlord will test at the scheduled times, share results, and arrange entry with proper written notice.
• Section 6 of the lease clearly names who pays for electricity and water.

The guide suggests getting legal advice before agreeing to additional terms, so have a lawyer or paralegal read yours.

When to get help with a rural rental

Testing dates, septic pumping, pump checks and contractor calls are easy to miss across several properties. D&D Property Management's property maintenance coordination logs tenant requests, agrees approval thresholds with the owner in writing and keeps work records per unit. Its vendor coordination includes scheduling trades and checking their insurance and WSIB documents. Licences for well work are still worth asking each contractor to show you directly. Read our housing standards post for the wider set of standards a rental must meet.

Questions about well water in rentals

Who is responsible for a well on a rental property in Ontario?

Ontario says that if you have a well on your property, you are responsible for it. For a rental, that is the owner. The Residential Tenancies Act adds a duty to keep the property in a good state of repair. Tenants stay responsible for damage they cause beyond normal wear, and for following sensible lease terms.

Can a landlord make the tenant pay to repair the well pump?

Not for repairs that are the landlord's responsibility. Ontario's standard lease guide says an added term requiring the tenant to pay for repairs that the landlord must make is void. A tenant can still be required to pay for damage they or their guests cause beyond normal wear. Get legal advice before relying on any clause.

How often should well water be tested at a rental?

Region of Waterloo Public Health says private well owners should test for bacteria three times a year (spring, summer and fall) and for nitrates and fluoride once a year. Other public health units may have different advice, so ask yours. Test again after floods, well repairs or any change in colour, taste or odour.

Is water from a private well a vital service under the RTA?

The LTB lists hot or cold water, fuel, electricity, gas and, in season, heat as vital services. The LTB pages reviewed for this post do not distinguish between municipal and private supply. If you provide the water to the tenant, assume you cannot withhold it. Confirm your situation with the LTB or a paralegal.

What if the well water fails a bacteria test?

Call your local public health unit and follow its advice. Tell the tenant right away. Ontario's well guidance says a well producing non-potable water may need to be plugged and sealed if the medical officer of health's advice is not followed. A licensed well contractor can look at disinfection and repairs.

Devon Moore, Operations Lead Co-Founder & Operations Lead — D&D Property Management

Devon Moore is the co-founder and Operations Lead at D&D Property Management, managing rental properties across Kitchener-Waterloo, Cambridge, Guelph and Waterloo Region.