Wilful Damage (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-02
CLNP Page ID:	1933
Page Categories:	[Interference of Reasonable Enjoyment (LTB)]
Citation:	Wilful Damage (RTA), CLNP 1933, <7a>, retrieved on 2024-10-02
Editor:	Sharvey
Last Updated:	2022/06/27

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

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.

SWT-93340-16 (Re), 2016 CanLII 88157 (ON LTB)

[14] The Tenants are admitted heavy smokers and they have damaged the rental unit by smoking inside and depositing yellow nicotine stains on the ceiling, walls, kitchen cabinets and on the white vinyl frames of new windows installed during the tenancy. The Tenants admitted they are responsible for cleaning the stains, but at the same time, the Tenants wanted the Landlords to incur the costs of re-painting the unit to address the staining the Tenants caused. The Landlords have no obligation to do so, because section 34 of the Act makes the Tenants responsible for repairing undue damage they caused.

[15] The Tenants also damaged the rental unit by having rooms painted by a friend in 2008. One coat of inferior quality paint was sloppily applied, without the Landlords’ consent. The Tenant, RN, acknowledged the 2008 paint job was inconsistent with the Landlords’ quality standards, and needed to be corrected. The Landlords had no obligation to pay for the correction because section 34 of the Act makes the Tenants responsible for repairing undue damage they caused.

TSL-04614-10 (Re), 2010 CanLII 48848 (ON LTB)

8. Subsection 20(1) of the Act states: “A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.” This means that when the window was broken, the Landlord had an obligation to fix it because at that point in time the Landlord was in breach of the Act. Section 34 of the Act says that “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.” I believe that these two sections when read together mean that where a landlord believes a tenant or one of her guests is responsible for disrepair, then the landlord should repair the damage and turn to the tenant to pay for it. This is consistent with section 62 of the Act which permits a landlord to serve a notice of termination on the tenant in such a circumstance. Such a notice gives the tenant seven days to do the repairs to the landlord’s satisfaction or pay for the cost of the landlord doing it. In other words, I am of the view that the Act was intended to avoid the situation that occurred here: namely, that acknowledged disrepair was left for a lengthy period of time.