Tenant’s Responsibility for Repair of Damage

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Date Retrieved:	2025-11-21
CLNP Page ID:	2537
Page Categories:
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.