Who is responsible for damage in a rental unit?
The tenant, for undue damage. The tenant is responsible for the repair of undue damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant.
(Residential Tenancies Act, 2006, s. 34) Cleaning is separate: The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it.
(s. 33) Everything else is the landlord's repair duty, set out in rental maintenance standards.
What can the Board order?
Payment of the repair, or the replacement where repair is not reasonable. A landlord may apply to the Board for an order requiring a tenant or former tenant to pay reasonable costs that the landlord has incurred or will incur for the repair of or, where repairing is not reasonable, the replacement of damaged property
if, while they were in possession, the tenant, another occupant or a guest wilfully or negligently causes or caused undue damage to the rental unit or the residential complex
. (s. 89(1)) The words will incur
matter: a quote for work not yet done can be part of the case.
How long do I have?
One year from move-out. An application may be made while the tenant is in possession of the rental unit; or
no later than one year after the tenant or former tenant ceased to be in possession of the rental unit.
(s. 89(1.1)) For a tenant who has already left, the Board's form is L10, Application to Collect Money a Former Tenant Owes
, and it can be filed online through the Tribunals Ontario Portal. (Landlord and Tenant Board, Forms)
Can I keep the deposit for the damage?
No. The only security deposit that a landlord may collect is a rent deposit collected in accordance with section 106.
(s. 105(1)) And: A landlord shall apply a rent deposit that a tenant has paid to the landlord or to a former landlord in payment of the rent for the last rent period before the tenancy terminates.
(s. 106(10)) When the Board orders payment and also ends the tenancy, it sets off any rent deposit and its interest still owed to the tenant. (s. 89(2))
What should I keep for the application?
Proof of the damage and proof of the cost. Photos of the unit at move-in and at move-out, with dates; the move-out notice; and a written quote or invoice for each repair. A Reborn Renos quote lists every part of the job, unit by unit, each line with its own price, so the damage lines can be shown apart from ordinary turnover work such as paint touch-ups. If belongings were left behind too, read belongings a tenant leaves behind before anything goes.
Who does the repairs?
Reborn Renos does the work on property turnovers: drywall, paint, flooring, doors, trim and cabinets, plus plumbing, since Michal is a plumber. Damage from a leak or a flood is on water damage and mold repair. The full list for a unit between tenants is the rental turnover checklist. Property managers handling move-outs for owners can start at work for property managers. Call (905) 920-1418, Monday to Saturday, 7 am to 7 pm, or send photos on the request page.
This is a plain summary, not legal advice. The linked Act and the Board are what count.