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)

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.