OHI | Can My Landlord? · Ontario rental question #11
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Last verified: September 15, 2026
Quick answer: Sometimes—but not simply because something needs fixing. A landlord must generally maintain the rental property and keep it fit for habitation. A tenant may be responsible where the tenant, a guest or another occupant wilfully or negligently causes undue damage. Normal wear and tear is different from damage.
Section 20 of Ontario’s Residential Tenancies Act, 2006 (RTA) places the basic maintenance and repair obligation on the landlord. That obligation continues even if a tenant knew about a problem before moving in or agreed to accept the unit “as is.”
Section 34 separately makes a tenant responsible for repairing undue damage caused by the tenant’s wilful or negligent conduct or by someone the tenant permits in the complex. The key questions are what caused the problem, whether it is ordinary deterioration, and what evidence supports the claim.
Maintenance is not automatically a tenant bill
A failed furnace, aging roof, worn plumbing component or appliance breakdown is generally a maintenance issue, not automatically a tenant expense. A lease clause cannot erase a landlord’s statutory repair duties.
What counts as normal wear and tear?
Ordinary scuffs, gradual carpet wear and aging finishes may occur through reasonable use. By contrast, a broken door caused by force, a burn in flooring or water damage caused by ignoring an obvious leak may support a claim for undue damage. Context, age, condition and useful life all matter.
Can the landlord simply add the repair cost to rent?
A disputed damage claim should not simply be relabelled as rent arrears. The landlord should provide an itemized explanation and evidence. If the parties do not agree, the landlord may need to use the appropriate LTB process and prove the claim.
What should a tenant do?
- Report repair problems promptly in writing and allow lawful access for inspection or work.
- Photograph the condition and keep work orders, messages and receipts.
- Do not admit responsibility or pay an unexplained invoice without asking what caused the damage and how the amount was calculated.
- If maintenance is not completed, consider the appropriate written request, municipal enforcement route or LTB tenant application rather than withholding rent.
What should a landlord do?
- Inspect and document the condition before and after tenancies and when problems are reported.
- Separate maintenance, normal wear and alleged undue damage in the ledger and correspondence.
- Keep dated photographs, invoices and evidence about cause, age and condition.
- Use the correct LTB process for an unresolved damage claim.
Example
A ten-year-old faucet fails during normal use. That is likely maintenance. If a tenant or guest deliberately breaks the fixture, the landlord may have a damage claim—but still needs evidence and a lawful process.
Related OHI guides and tools
Official Ontario sources
- Residential Tenancies Act, 2006
- Landlord and Tenant Board: Renting in Ontario
- Current LTB forms, instructions and filing information
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General information only: This article discusses Ontario residential tenancies and is not legal advice. Some rentals are exempt from all or part of the RTA. The outcome of a dispute depends on the facts and evidence. Rules and forms can change; verify current information with Tribunals Ontario or obtain advice from a licensed Ontario legal professional.