Repair of Damage (Tenant)

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

Tenant’s responsibility for repair of damage

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.

SWL-15772-10 (Re), 2011 CanLII 13348 (ON LTB)

8. It is the burden of the Landlord in proving her case to establish that the painting caused undue damage, that it was wilful or that it was done negligently.

9. A landlord who permits tenants to begin painting or any renovation of a rental unit does so at their peril. Just as one would expect someone who employs a painter or a repair person to check out their qualifications, so to would a landlord be expected to evaluate what the end product would reasonably be when tenants are doing the work.

10. A reasonableness test is appropriately applied in this case. The Board must ask, was the painting done reasonably by the Tenants in these circumstances.

SOL-01316 (Re), 2007 CanLII 75944 (ON LTB)

7. The Landlord’s witness confirmed that the photographs submitted by the Landlord correctly showed the usual condition of the unit each time he saw it. The photographs showed lots of belongings lying around the unit on floors, counter tops, dressers and beds. In the photographs the unit appeared below the standard of ordinary cleanliness that is required of the Tenants pursuant to section 34 of the Act.

8. The Landlord submitted a letter from the pest control company which stated that they treated the unit 3 times in the past year for mice and cockroaches and on each occasion they did not receive the full cooperation of the Tenants.

9. The Landlord responded appropriately to the Tenants complaints regarding the mice and cockroaches in the unit. I accept the evidence of the Landlord that the Tenants did not fully cooperate with the pest control company by clearing away their personal belongings and insuring the company had full access to all areas of the unit. The Tenant’s evidence did not satisfy me that they informed the property manager about the bathroom mould and water leak in the basement. Accordingly, I do not find that the Tenants are entitled to the abatement of rent that they requested.

SOT-77758-16 (Re), 2017 CanLII 48957 (ON LTB)

20. Clause 8 of the lease provides that the Tenants are not to make any repairs without the permission of the Landlord in writing. The Tenants received no written permission to repair the toilet from either the previous landlord or from current Landlord.

21. I find, on a balance of probabilities that the ceiling is undue damage caused by the negligent conduct of the Tenants in conducting repairs to the rental unit contrary to the lease. As such, the Tenants bear the responsibility to repair this damage in accordance with section 34 of the Act.

Hou v. Buchanan, 2018 ONSC 2087 (CanLII)

[12] As per ss. 3(1), the RTA applies to rental units in residential complexes. In the RTA, the use of the word “tenant” is singular. The Interpretation Act, R.S.O. 1990, c. I.11 (“IA”) assists with the issue of singular versus plural. Subsection 28(j) of the IA states:

Words importing the singular number or the masculine gender only include more persons, parties or things of the same kind than one, and females as well as males and the converse.

[13] Clause 27 of the Lease contains a similar provision regarding gender and interpretation. It states as follows:

This Lease shall me read with all changes of gender or number required by the context. Any reference in this lease to the Tenant Protection Act means the Tenant Protection Act, as amended, and any legislation that replaces it.

[14] Consequently, read in context, the word “Tenant” in the Lease includes all 5 individuals: Buchanan, Brideau, Ryan, Musa and MacDonald. As a result, as per s. 34 of the RTA, and more particularly, Clauses 3 and 13(d) of the Lease, if it is determined that the “Tenant” is responsible for the cost to repair the Property, all 5 individuals listed as the “Tenant” in the Lease are responsible.

NOL-00391-09 (Re), 2009 CanLII 78440 (ON LTB)

10. Because the Tenant failed to report the leaking taps to the Landlord, I determine that the Tenant owes $2,157.78 for excessive water consumption costs. This amount is calculated by reducing the $2,441.46 total for the two excessively high bills by $283.68* (*represents the total water consumption cost ($141.84 x 2) that would likely have been incurred if the leaking taps had been repaired).

TET-62956-15 (Re), 2016 CanLII 38292 (ON LTB)

9. Third, pursuant to s. 34 of the Act a tenant is responsible for wilful or negligent damage to the rental unit or residential complex caused by the tenant or a guest of the tenant’s. This does not mean that the landlord is not responsible for fixing the disrepair; but section 34 means no monetary remedy will flow to a tenant where the disrepair is a result of the tenant’s own negligent or wilful actions.

10. Fourth, because of s. 16 of the Act a tenant is expected to cooperate reasonably with a landlord’s efforts to do repairs. If a tenant does not, then that may reduce any remedy ordered or disentitle the tenant to any remedy at all.

11. So the task of the Board on a disrepair application is to apply these principles to each of the disrepair problems alleged by the tenant.

TSL-16185-11 (Re), 2011 CanLII 71451 (ON LTB)

4. Subsection 29(2) of the Residential Tenancies Act, 2006 provides no application can be made on grounds like the ones before me “more than one year after the day the alleged conduct giving rise to the application occurred.” The Code has a similar limitation period where subsection 34(1)(a) says “if a person believes any of his or her rights under Part I have been infringed, the person may apply to the (Human Rights Tribunal) for an order….(a) within one year after the incident to which the application relates; or (b) if there was a series of incidents, within one year after the last incident in the series.” There was no allegation of a series of incidents.