What Are My Rights If a Tenant Causes Damage to My Property?

If a tenant causes damage beyond normal wear and tear and refuses to pay for the damage, landlords can seek compensation through the Landlord and Tenant Board (LTB).

What Landlords Cannot Do if a Tenant Causes Damages

• Damage deposit: Ontario law only allows a last month’s rent deposit it cannot be used for repairs.
• Deductions: Landlords cannot automatically deduct damage costs from rent.

Steps to Take if a Tenant Causes Damages:

1. Document thoroughly: Take photos, write descriptions, and collect repair estimates.
2. Communicate with the tenant: Present the evidence and request payment for repairs.
3. File with the LTB: If the tenant refuses to pay, submit an application along with your supporting documentation.

How the LTB Handles Damage Claims

• Both the landlord and the tenant present their cases at a hearing.
• If the landlord proves damages, the LTB can order the tenant to pay compensation.
• If the tenant fails to comply, landlords can pursue enforcement (e.g., garnishing wages).

Best Practices

Encourage tenants to report damages early to avoid escalation.
Resolve issues amicably where possible before involving the LTB.
Maintain detailed records to protect your investment if a dispute arises.

The Fox Marin Team helps landlord clients understand their rights under Ontario’s Residential Tenancies Act, ensuring property damage issues are handled fairly, legally, and with minimal stress.

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