Property Damage Guide
How to handle tenant-caused property damage in Ontario. Documentation, N5 notices, and LTB applications explained.
Dealing with Property Damage
When your tenant causes damage beyond normal wear and tear, here's what you can do.
Understanding property damage
Not all damage is equal under the Residential Tenancies Act:
| Type | Example | Landlord Action |
|---|---|---|
| Normal wear and tear | Faded paint, minor scuffs, worn carpet | Landlord’s responsibility |
| Tenant-caused damage | Holes in walls, broken appliances, stained carpet | Tenant responsible |
| Willful damage | Intentional destruction, vandalism | Grounds for eviction |
Your options for property damage
1. Deduct from last month’s rent deposit
Not recommended. The deposit is only for rent, not damage. Using it for damage can create legal issues.
2. Request the tenant pay/repair
Have a conversation first. Many tenants will agree to pay for or fix damage they’ve caused.
3. Serve an N5 notice
If damage is substantial and tenant won’t address it, serve an N5 Notice.
4. File an L2 application
If the N5 doesn’t resolve it, file with the LTB to evict and/or claim compensation.
5. File a T1 application (after tenancy ends)
File within one year of discovering the damage to claim costs.
Using the N5 for damage
The N5 notice can be used when a tenant has:
- Wilfully or negligently caused undue damage to the unit
- Permitted someone else to cause damage
- Failed to maintain the unit in a reasonable state of cleanliness
First N5 (Can be voided)
- 20-day notice period
- Tenant has 7 days to repair the damage or pay for repairs
- If they fix it, the notice is voided
Second N5 (Cannot be voided)
- If tenant damages property again within 6 months of first N5
- 14-day notice period
- Cannot be voided by repairs
Documenting damage
Good documentation is essential for any damage claim:
1. Move-in inspection
- Complete a detailed inspection report with the tenant
- Take dated photos/videos of the unit’s condition
- Have both parties sign the inspection report
2. When damage occurs
- Take clear photos immediately
- Document the date and circumstances
- Get quotes for repairs
- Keep all communication records
3. Move-out inspection
- Compare to move-in condition
- Document new damage with photos
- Get professional repair estimates
What you’ll need for an LTB claim
| Evidence | Purpose |
|---|---|
| Move-in photos | Show condition before damage |
| Current photos | Show the damage |
| Repair quotes/invoices | Prove cost of damage |
| Communication records | Show you notified tenant |
| Inspection reports | Document condition over time |
Generate Your Damage Notice Email
Contact your tenant about property damage before taking formal action.
Property Damage Email Generator
Create a professional email to notify your tenant about property damage.
Normal wear and tear vs. damage
This can be a grey area. Here’s a general guide:
Normal wear and tear (NOT tenant’s responsibility)
- Faded or slightly marked walls
- Worn carpet in high-traffic areas
- Minor scuffs on floors
- Dusty blinds
- Faded curtains from sun
- Loose door handles from normal use
Tenant damage (tenant IS responsible)
- Large holes in walls
- Burns on carpet or counters
- Broken windows, doors, or appliances
- Heavy staining from spills
- Pet damage
- Mold from tenant’s failure to ventilate
- Damage from unauthorized modifications
Common mistakes to avoid
❌ No move-in documentation — Always do a thorough inspection with photos
❌ Deducting from rent deposit — This is not permitted under the RTA
❌ Waiting too long — Document and address damage promptly
❌ Vague descriptions — Be specific about what was damaged and when
❌ No repair quotes — Get professional estimates to prove costs
Related forms
N5 Notice Guide
Full guide to the N5 notice for interference and damage.
Official LTB Forms
Download official forms from the LTB website.
This guide is for educational purposes only. Consult a paralegal or lawyer for advice specific to your situation.