Section 34 makes the tenant responsible for repairing undue damage caused by the wilful or negligent conduct of the tenant, another occupant, or a person the tenant permitted in the building. The Board's L2 instructions say it plainly: normal wear and tear is not considered undue damage.
Can a landlord charge a tenant for damage to a rental unit in Ontario?
Yes, for undue damage that the tenant, another occupant or someone they let in caused wilfully or negligently, but not for normal wear and tear. The landlord recovers the cost through an application to the Landlord and Tenant Board under section 89 of the Residential Tenancies Act, made while the tenant is in the unit or within one year after they move out.
Reviewed 2026-09-26
01
What counts as undue damage
02
What cannot be used to pay for it
Section 105 says the only security deposit a landlord may collect is a rent deposit. Section 106 (10) requires that deposit to be applied to the rent for the last rent period. It is not a damage deposit and cannot be held back for repairs.
03
How the claim is made
Section 89 lets the Board order a tenant or former tenant to pay the reasonable cost of repairing the damaged property or, where repair is not reasonable, replacing it. The L2 instructions allow estimates where the repair has not been done yet. For a tenant who moved out in the past year, the Board points landlords to the L10 application to collect money a former tenant owes.
04
The record that supports it
A claim rests on showing the condition before and after, and what the repair cost. That means move-in photos, the work order, photos of the damage as found, and an invoice that describes the work. On a Roundhouse turnover, the photos and the work description stay on the job record. Whether the cost goes to the owner or becomes a claim is the property manager's decision.
05
Questions
Does a tenant pay for normal wear and tear?
No. The Landlord and Tenant Board's L2 instructions state that normal wear and tear is not considered undue damage, and section 34 only makes the tenant responsible for undue damage caused wilfully or negligently.
Can a landlord keep the last month's rent deposit to pay for damage?
No. The only security deposit an Ontario landlord may collect is a rent deposit, and section 106 (10) requires it to be applied to the rent for the last rent period.
How does a landlord prove a tenant caused the damage?
With a dated record from both ends of the tenancy: the move in inspection, the move out inspection, timed photos and a repair record that names the cause. The Board decides on evidence, and a job record showing what was found and why is the strongest part of it. See maintenance for landlords.
Is there a deadline to claim for damage from a former tenant?
Yes. Under section 89 (1.1), the application must be made while the tenant is in possession or no later than one year after they ceased to be in possession of the unit.
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Sources
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