3. Defend yourself if the landlord asks you for money
Question & Answer
Can my landlord keep my deposit because of damage?If your landlord claims you left the place damaged or dirty, they might try to get you to pay for repairs or cleaning.
You could get a letter or a phone call from the landlord, a lawyer, a paralegal, or a collection agency. If a collection agency contacts you, learn about your rights and the rules the collection agency must follow.
If your landlord sues you
Your landlord might decide to sue you to get the money. If they're asking you for $35,000 or less, they must send you a form from the (LTB) called a Form L10 – Application to Collect Money a Former Tenant Owes.
If they want more than $35,000, they have to send you a Statement of Claim from the Superior Court of Justice.
You may not agree with the amount your landlord is asking you to pay. Reading about who's responsible for maintenance and repairs might help you defend yourself.
For example, you might be able to argue that the landlord is complaining about things that:
- are ordinary wear and tear, or
- they're responsible for fixing.
Or you might have photos or other to show that you left the place in good condition.
Look for mistakes in the Form L10
If your landlord is suing you at the LTB, read the Form L10 carefully. Check for mistakes.
For example, check if your landlord:
- applied to the LTB within one year of you moving out
- gave you the Notice of Hearing and at least 30 days before the hearing
- followed the rules for how to give you the application
- gave copies to all the former tenants
Mention any mistakes at the hearing
At your LTB hearing, you can mention any mistakes that you found in the Form L10.
If the agrees with you, they might dismiss the landlord's application. This cancels the application and your landlord would have to start over with a new application.
Or the LTB member might postpone the hearing. This means that they set a new date for the hearing. This will give you more time to prepare.
Send evidence before your hearing
Send any evidence you have to your landlord and the LTB at least 7 days before the hearing.
Learn more about how to prepare for LTB hearings in What should I do to prepare for an eviction hearing?
