Featured photo by Luba Ertel on Unsplash.
In Ontario rentals, tenant damage and normal wear and tear are treated differently: a tenant is not responsible for every sign of aging or ordinary use. The key statutory phrase is undue damage: section 34 of the Residential Tenancies Act, 2006 makes a tenant responsible for repairing undue damage caused by the wilful or negligent conduct of the tenant, another occupant, or a person the tenant permits in the residential complex.
General information only: this is not legal advice. Damage disputes are evidence-driven and fact-specific.
What is normal wear and tear?
The RTA does not define every example of ordinary wear. In practice, normal deterioration from reasonable residential use and aging is different from undue damage caused wilfully or negligently. Examples that may be consistent with ordinary aging include gradual carpet wear, faded paint, minor surface scuffs and components wearing out through normal use.
The condition, age, expected life and prior state of the item all matter. A landlord should compare the condition at the end of the tenancy with credible evidence of its condition at the beginning.
What may qualify as tenant damage?
Examples that may support a damage claim, depending on the evidence, include:
- large holes or broken surfaces caused by impact;
- burns, deep gouges or avoidable water damage to flooring;
- broken doors, cabinets or fixtures caused by force or misuse;
- unauthorized alterations that cause actual damage; or
- other undue damage caused wilfully or negligently by the tenant, occupants or permitted guests.
The landlord still has to prove that the damage is undue, that the tenant side caused it wilfully or negligently, and that the amount claimed is reasonable.
Can a landlord claim full replacement cost?
Not automatically. Section 89 of the RTA allows a landlord to seek the reasonable costs incurred or to be incurred for repair or, where repair is not reasonable, replacement of damaged property where the statutory test is met.
Age and useful life can be relevant to the actual loss. Ontario Regulation 516/06 contains a useful-life schedule for many building components. For example, the schedule lists ensuite carpet at 10 years, hardwood flooring at 20 years, interior painting at 10 years, refrigerators at 15 years and kitchen/bath cabinets and counters at 25 years. Those figures do not mechanically decide every damage case, but they are relevant context when assessing depreciation and whether a claim for a brand-new replacement reflects the actual loss.
Why move-in and move-out documentation matters
A claim is much stronger when there is a reliable before-and-after record. Both landlords and tenants should keep dated photographs and written notes.
Use the Ontario Rental Move-In Inspection Checklist and Ontario Rental Move-Out Condition Report.
Landlord evidence checklist
- Move-in condition records
- Move-out photographs and video
- Age and prior condition of the item
- Repair estimates or invoices
- Evidence showing why repair is not reasonable if replacement is claimed
- Relevant tenant communications
- Inspection records
Tenant evidence checklist
- Move-in photographs and videos
- Copies of reported maintenance issues
- Evidence of pre-existing defects
- Move-out photographs taken immediately before possession is returned
- Cleaning or repair receipts where relevant
- Written responses to disputed charges
Can the landlord keep the last month’s rent deposit for damage?
No. Ontario’s rent deposit is generally restricted to the last rental period and is not a general damage deposit. A landlord who claims compensation for tenant-caused damage must use the applicable legal process rather than unilaterally treating the last month’s rent deposit as a damage fund.
See Rental Deposits in Ontario.
How can a landlord pursue a damage claim?
The RTA allows a landlord to apply to the LTB for reasonable repair or replacement costs where undue damage was caused wilfully or negligently. The Board can consider claims against current tenants and, subject to the statutory requirements, former tenants. Evidence of causation and the amount claimed is essential.
Preparing for your next tenant?
Use the free Ontario Tenant Screening Checklist to organize criteria, verification, credit checks, references and documentation.
Frequently asked questions
Are nail holes always tenant damage?
No blanket rule applies to every nail hole. Size, number, method of installation, wall condition and the extent of actual damage can matter.
Is ordinary cleaning a damage claim?
Tenants are responsible for ordinary cleanliness under section 33, but ordinary turnover cleaning is not the same thing as proving undue damage under section 34.
Does an old carpet have the same value as a new carpet?
Usually not. Age and useful life are relevant to actual loss. A claim should reflect reasonable repair or replacement costs in the circumstances, not automatically the full retail cost of a brand-new item.
Official sources
Related: Can a Landlord Charge a Tenant for Damage? · Moving Out of an Ontario Rental · Landlord Inspection Log · What to Expect at the LTB







