Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
One of the requirements of the N5 notice is that it has to be very detailed and it must set out what the tenant has to do to correct and void the notice. One of the options is to pay for the cost of repairs or replacement, therefore an amount has to be stated on the N5 notice, otherwise the notice would not be valid.
This could be a reason to serve an N5 notice to end the tenancy early. If notice is served for this reason, and the issues in the notice are corrected by the tenant, then the tenant can stay, if not, then the landlord may apply for an eviction hearing at the Landlord and Tenant Board, and try to prove their case for eviction.
For damages and clean-up costs, you would need to first get written estimates from reputable companies or contractors. Proper 24 hours’ written notice to enter must be given in order to enter to do a maintenance inspection, or if you are doing work in the unit.
You can find the notice to terminate for damages and instructions on the Landlord and Tenant Board website, here –https://tribunalsontario.ca/ltb/forms/
You can also find a very good overview of how this procedure works in the Landlord Learning Modules section of our website, https://landlordselfhelp.com/landlord-learning-modules/
You cannot really do maintenance work as involved as painting so close to the end of the tenancy, so you will have to wait until the property is empty before cleaning thoroughly and painting it.
During the tenancy, you would have had many opportunities to do a maintenance inspection and raise the problems that you discovered at those times. It may or may not be worth filing for the damages at the Landlord and Tenant Board before they leave, using an L2 application, but again, there is no guarantee that you can collect even if you are successful. The form and instructions are available here: https://tribunalsontario.ca/ltb/forms/
Although you can certainly provide your own detailed estimate as part of your evidence, it is advisable to get at least one other quote from a reputable and competent tradesperson or company.
Yes, you can still serve an N5 for damage in this situation. It can be given where you can show that the tenant wilfully or negligently did the damage. If they are claiming it is ordinary “wear and tear”, you will have to be prepared to show how this is not the case.
If you have a move-in inspection report or pictures of before they moved in, this will be relatively easy. If you do not, then it is your word against theirs.
Keep copies of correspondence between you, and copies of your notices to enter in case they are required at a hearing regarding this matter in the future.
Unfortunately, if you have not received the written order from the Landlord and Tenant Board, it is too early to try to analyze the results of the hearing. Once the written order is received, with the reasons attached, there will be a better sense of where your case’s strengths and weaknesses lie.
Generally speaking, it is much more difficult to get termination on an N7 than it is on an N5, as the Landlord and Tenant Board sets the evidence bar very high for applications where tenants are not being given an opportunity to stay in the rental unit by correcting their behaviour. It is also much harder to prove deliberate or wilful damage (N7) than it is to prove wilful or negligent damage (N5).
The Residential Tenancies Act does not specifically address this issue. There is no sure way of preventing tenants from installing a washer and dryer in their unit. You can include a clause in the tenancy agreement that states the tenant is not allowed to install these appliances in their unit. However, if they install them anyway and damage is caused, electrical problems occur or the noise from the washer and dryer interferes with other tenants THEN you can issue a notice to terminate the tenancy using Form N5. This notice gives the tenant seven days to correct the problem. If the tenants do not comply with the notice the landlord can apply to the Landlord and Tenant Board for a hearing.
As of September 1, 2021, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, you will need to know the tenant’s new address so you can send them a copy of the documents. We cannot advise on whether you can take action against the property management company, as we can only advise on the landlord and tenant issues. You might have to speak to a lawyer or paralegal about this issue, as it would probably come under contract law.
A poor paint job may be considered damage to the rental unit. You can ask the tenants to repaint the rental unit before they leave as it was done improperly and without your consent. If they do not comply and vacate the rental unit without repainting as of September 1, 2021, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, you will need to know the tenant’s new address so you can send them a copy of the documents.
When the tenants have caused damage to the property and refuse to repair it, you can serve them with a Form N5 which is the legal notice based on damages. It’s a 20 day notice which allows the tenant to correct the problem within the first seven days and if not then you can apply to the Landlord and Tenant Board. This form can be downloaded from the Board’s website at https://tribunalsontario.ca/ltb/forms/
If the tenants are already moving out your options are limited to rectify this situation. You could try writing them a letter stating your concerns about the possibility of damage and about the safety of other occupants of the house as well as the increased consumption of hydro, but that would be all you could do for the time being. Once they have moved out and you discover any damages, as of September 1, 2021, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents.
Since the tenants have already moved out, as of September 1, 2021, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant moved out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. The tenant must have moved out of the rental unit on or after September 1, 2021. However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents.
The Residential Tenancies Act applies to the landlord-tenant relationship regardless of whether or not the rental agreement is in writing. You should send the tenant a letter outlining the issues that you mentioned and request that it be corrected. If they do not comply you may serve them with a Form N5 Notice to Terminate a Tenancy for damaging the rental unit. This form can be obtained from the Landlord and Tenant Board’s website at https://tribunalsontario.ca/ltb/forms/
My tenant overloads the washer that is included with the unit, who is responsible for the damages?
Tenants are responsible for any damage they cause either wilfully or through negligence. The problem that landlords face though is being able to prove that the damage was caused wilfully or through negligence. If you can prove that they have caused the problem then you can request that they repair or pay for the cost of the damages.
There is usually no recourse for a landlord when a tenant does not obtain their own insurance even when it’s stated in the tenancy agreement. In your situation, you might have to claim it on your own insurance and ask the tenant to at least pay for the deductible since it seems she caused the problem. If she refuses to pay for anything then one of the options you have is to serve her a Form N5 based on the reason that she has caused damage to the property and is liable to pay for the repair costs, or in this case, your deductible. If she has caused other damages, they can also be included on the N5. I’m not sure if this is the way you want to proceed, but if so, you can obtain the form from the Landlord and Tenant Board’s website at https://tribunalsontario.ca/ltb/forms/
If your tenant has already moved out, as of September 1, 2021, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one a year from the date the tenant moved out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out his new residential address to be able to serve him. It’s not easy to track down a tenant, and you may have to hire an agency that provides this service. You can search online for agencies that will do this; they’re called skip tracing agencies. As for the costs, you can try claiming for your own labour costs but it can be difficult to justify the amount you’re claiming. One way that might help is to obtain a quote from a landscaping company on the cost of doing the work, including labour costs. It’s ultimately up to the LTB adjudicator to decide what a reasonable amount would be for the work done.
You have two choices:
- You may apply to the Landlord and Tenant Board on an L2 application for the damages. Forms are available online at https://tribunalsontario.ca/ltb/forms/
- As of September 1, 2021, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit. . The tenant must have moved out of the rental unit on or after September 1, 2021. However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents.
In either case, you will have to get at least two estimates for the repair or replacement costs, and since it is better to take photos and take witnesses to verify the damage that you see, it is easier to do this after the tenancy is over.
The tenant has the option of filing an application requesting that the tenancy be terminated and for a rent abatement for the period of time they suffered the loss or reduction of use of the property. Many tenants simply opt to leave and possibly sue at a later date. You cannot stop them from leaving, nor can you rely on the fact that they will vacate when they say they will even if they have received some kind of payment from you. To make it clear that you are taking the obligation to maintain the property seriously, ensure that you are entering the unit properly when doing the repairs. WRITTEN notice is required, at least 24 hours before the time of entry. A 2-3 hours window of entry such as “between 9 and 11 am” can be given and this particular notice can be put on the door.
Since damage deposits are unlawful, it would be better if you returned that amount to the tenant as soon as possible. If the tenant is still in possession of the rental unit, you can serve the N5 notice for damage and proceed to the LTB with the L2 application if the tenant fails to follow the instructions in the notice.
As of September 1, 2021, section 88.1 of the Residential Tenancies Act allows you to file a claim with the LTB within one year from the date the tenant moved out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents.
The law does not make any specific references to satellite dishes. However, if the installation of the dish has resulted in damages to your property, you have the right to claim that from the tenant, especially if they did this without your knowledge. If you cannot come to a resolution with the tenants then legally you could serve the tenants with an N5 Form, Notice to Terminate a Tenancy based on the damages, and apply to the Landlord and Tenant Board for a decision on the issue.
A damage deposit is illegal, you can only ask for the last month’s rent deposit. A landlord cannot require a tenant to provide post-dated cheques. A tenant may choose to pay the rent in that manner or make payments on a monthly basis.