How to Pursue Action Against Your Tenant for Damages: Ontario

Landlord & Tenant Law   |    Oct 09, 2024      | By: Harbir Singh

Beyond any type of normal wear and tear, tenants are responsible for any damages caused to the rental unit. Understandably, daily use could lead to minor deterioration of the rental unit over time but any major or significant damage caused by abuse, negligence, or intentional acts are the tenant’s responsibility to repair.

Differentiating between normal wear and tear, and damage caused by the tenant is essential.

Examples of each are below:

·         Normal wear and tear: worn-out carpets, paint fading, minor scuffs on walls from regular usage.

·         Damage caused by the tenant: holes in the walls, broken windows, and damaged appliances.

Documenting Damages: This is a crucial step

Trying to prove damages without having any documentation backing up your claims, can be nearly impossible. It is essential to have strong evidence of the damages. The foundation of your case at the Landlord Tenant Board (LTB) or Small Claims Court falls on this evidence. Important steps to take here are:

·         Pre-move and post-move inspections: When assigning a new tenant, it is important to conduct inspections of the rental unit at the start and end of the tenancy. Use time-stamped photos and videos documenting the condition of the rental unit. These can later be submitted as evidence.

·         Estimates and receipts of repair: Obtain repair receipts of estimates for repairs from contractors to show the financial loss you have occurred due to the damages.

Attempt to Resolve the Issue Directly with the Tenant

Prior to taking legal steps, it is a good idea to attempt to resolve the issue with your tenant directly. Clear written communication with the tenant detailing the damage with written estimates for repairs, and photos of damages is a good starting point.

Give the tenant a chance to remedy the situation, by either repairing the damages themselves or paying you directly for the costs associated with the damages. If the tenant does not agree or ignores your requests, then consider the next steps below.

N5 Form: Notice to End Tenancy for Damage

In the case of a tenant refusing to repair the damage or pay for repairs, landlords can file an N5 Notice to End the Tenancy for the Damages.

The first step is to complete the form and serve it to your tenant by choosing one of the service options. The tenant has 7 days to remedy the situation after receiving the N5 notice. The remedy could include either fixing the damage or paying you for the repairs.

The second step involves two possible scenarios. If the tenant repairs or pays for the damage within the 7-day window, the N5 notice becomes void, and the tenancy continues. On the contrary, if the tenant refuses to repair the damage or provide compensation for the repairs, you can proceed to the Landlord and Tenant Board (LTB) to attempt to have this resolved.

The third step is to apply via an L2 Application to End a Tenancy and Evict a Tenant with the LTB. By submitting this application, a landlord can seek to evict the tenant and be compensated for the damages. The LTB schedules a hearing where the landlord and tenant both attend and present their cases to the board.

Can Security Deposits Be Used for Damages?

Landlords are not authorized in Ontario to collect security deposits to be used for damages. Furthermore, the option to collect rent deposits is there, but landlord cannot use these deposits to cover the costs of damages.

Tips for Landlords: Damages

·         Screen Tenants: To reduce the likelihood of coming across these types of issues above, ensure you are conducting tenant screening. This includes reference checks and background checks.

·         Strong Lease Agreements: Ensure your lease agreement outlines the tenants’ responsibilities in relation to taking care of the property and the consequences in the event of damages.

·         Inspections: Ensure you are conducting regular inspections of the property to catch potential problems before the turn into serious damage.

Contact HSB Legal Services

Navigating the Landlord Tenant Board (LTB) can be a complex task. Ensure you are putting the best case forward, to receive the outcome you desire. By contacting HSB Legal Services, you can have the peace of mind knowing your case is in the hands of a legal professional.

We serve all areas of Ontario, so whether you are looking for a paralegal in Toronto, paralegal in Vaughan, paralegal in Brampton, paralegal in Mississauga, paralegal in Scarborough, paralegal in North York, paralegal in Etobicoke, paralegal in Malton, paralegal in Rexdale, paralegal in Milton, paralegal in Oakville, paralegal in Niagara Falls, paralegal in Burlington, paralegal in Barrie, paralegal in Richmond Hill, paralegal in Downtown Toronto, paralegal in Oshawa, paralegal in Ajax, paralegal in Whitby, paralegal in Markham, or a paralegal anywhere in Ontario, we are here to serve you.