Tenant’s Responsibility for Repair of Damage

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Date Retrieved:	2025-11-21
CLNP Page ID:	2537
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Citation:	Tenant’s Responsibility for Repair of Damage, CLNP 2537, <>, retrieved on 2025-11-21
Editor:	Sharvey
Last Updated:	2025/11/18

Residential Tenancies Act, 2006

34 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. 2006, c. 17, s. 34.

Cerundolo v Zhang, 2024 ONLTB 66312 (CanLII)

19. While I can appreciate that the rental unit may have appeared unclean when the Landlord conducted the inspection on September 6, 2021, and there may have been some concerns related to damages, this is a claim pursuant to s. 89 of the Act. This section is not designed to compensate landlords for the regular wear and tear that usually occurs to any rental unit during the life of a tenancy. Instead, this section is designed to compensate landlords for undue damage that the tenants have willfully or negligently caused to the rental unit. In this context, “undue” damage means “significant’ or “considerable” damage to the rental unit.

Hedd-Willaims v Danby, 2023 ONLTB 52602 (CanLII)

29. This is the Landlord’s application, and as such, the Landlord has the burden of proving his case on a balance of probabilities. To prove a fact on a balance of probabilities, there must be sufficient clear, convincing, and cogent evidence to establish the fact: FH v. McDougall, 2008 SCC 53 (CanLII), para 46.

30. The Landlord has failed to discharge this burden. There was not sufficient clear, convincing, and cogent evidence for me to be able to determine that the Tenants, their occupants or guests caused undue damage (meaning damage beyond reasonable wear and tear) to the rental unit or residential complex by their willful or negligent conduct.

31. I am not satisfied that the Landlord proved that the plumbing issue in the basement was caused by the Tenants or their guests or occupants pouring grease down the drain in the kitchen sink. LD unequivocally denied that this had occurred, and also said that the kitchen drain always drained.

32. The Landlord’s claim for compensation for damage must therefore be dismissed.

33. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and given the parties’ consent, I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act.

Diecidue v Gosford Property Management Inc, 2021 CanLII 151101 (ON LTB)

7. Both section 62 and section 89 use similar language: did the Tenants, an occupant, or a guest wilfully or negligently cause undue damage to the rental unit or residential complex?

8. The problem with the Landlord’s application is with respect to a lack of evidence. In order to succeed the Landlord has to lead sufficient evidence to establish two things. First, that the clog constitutes “undue damage” meaning that it is not the normal type of blockage that occurs with every day reasonable use over time. Second, that the Tenants did something intentionally or without reasonable care and that behaviour caused the clog.

9. The Landlord relies on the plumber’s bill which simply says the plumber unclogged the kitchen sink and found grease, and unclogged the tub drain and found hair. It is a simple truth that when we wash dishes some grease finds its way into the pipes. When we shower, hair goes down the tub drain. So the presence of hair and grease alone does not establish negligence or intent to cause damage. And absent some evidence that the nature and existence of the clog was somehow not consistent with more than a decade of everyday use, the Landlord cannot establish that the clog constitutes undue damage.

10. So the Landlord’s requests under section 69 for eviction and under section 89 for compensation, must be denied for lack of evidence.