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What if I or my guests damage the place I am renting?
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What if I or my guests damage the place I am renting?
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Housing Law - Repairs and maintenance
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Landlord and Tenant Board (LTB)
Federation of Metro Tenants' Associations
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What if I or my guests damage the place I am renting?
Reviewed:
August 31, 2015
Answer
If you or your guests damage something on purpose, or by not being careful enough, usually you must fix it or pay for the repair. This includes damage to your own unit as well as the common areas.
This does not include things that break or wear out from normal use. It is your landlord's job to fix or replace things like that. For example, carpeting or paint may need replacing every few years, taps can start leaking, and stove elements can burn out.
If your landlord thinks the damage is your fault, they can give you an eviction notice. In most cases the notice is canceled if you fix the damage or pay for the repair within 7 days. But some kinds of notice cannot be canceled this way.
1. Decide if you should pay for the damage
You are not responsible for things that break or wear out from normal use or over time. If your landlord wants you to pay for something like that, you could explain to them that fixing it is part of a landlord's regular responsibilities.
But if it is something you or your guests did on purpose or by not being careful enough, you might have to get it fixed or pay for the landlord's cost of getting it fixed.
Discuss it with your landlord and see if you can agree on what to do. The landlord can only ask you to pay the "reasonable" cost of the repair, and must tell you how much that will be.
If you do not agree to pay or fix the problem, your landlord could give you an eviction notice.
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Reviewed:
August 2015
2. Read the notice for details about your landlord's damage claim
If your landlord thinks you or your guests caused damage, they can give you an eviction notice on a Form N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding. If your landlord thinks the damage was done on purpose, they might decide to give you a Form N7 – Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex instead of an N5.
The form must give you information about the damage your landlord says you are responsible for. There must be enough details for you to know if it is something you or your guests did. These details should be on page 2 of the Form N5, or on page 1 of the Form N7.
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CLEO (Community Legal Education Ontario)
Reviewed:
August 2015
3. Check to see if you can cancel the notice by fixing or paying for the damage
Form N7
If the notice is on a Form N7 then you cannot cancel it by fixing or paying for the damage. This form means your landlord thinks you or your guests did serious damage on purpose.
Form N5
If the notice is on a Form N5, your landlord should have checked or filled in the little box beside "Reason 2 – You or someone visiting or living with you has willfully or negligently damaged the rental unit or the residential complex". Under that are two small circles. Look to see which one of those circles has been filled in or checked.
If your landlord filled in or checked the circle beside "You have 7 days to correct the problem(s) described on page 2 and avoid eviction", then the form should say how much your landlord thinks it will cost to repair the damage or replace the damaged items. If you decide that you want to repair or pay for the damage, you must make arrangements with your landlord within 7 days. The deadline for making these arrangements should be on the form.
But if your landlord chose the circle for "I can apply to the Board immediately for an order to evict you", then you cannot cancel the notice by fixing or paying for the damage. This is because your landlord is claiming they gave you another Form N5 within the past 6 months.
Reviewed:
August 2015
4. Find out what to do if your landlord wants you to move out
If you do not make arrangements within 7 days to fix or pay for the damage, or if the notice did not give you a chance to do this, your landlord can apply to the Landlord and Tenant Board to try to have you evicted.
If your landlord does this, the Board will send you a Notice of Hearing and a copy of your landlord's application.
If you do not want to be evicted, you must go to the hearing. Even if you decide to move out, you should go to the hearing if you do not agree with the amount your landlord is asking you to pay.
Find out about how to get ready for the hearing and what to do at the hearing.
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Landlord and Tenant Board (LTB)
Reviewed:
August 2015