Tenant Damaged Your Property in Ontario: What to Do
Discovering damage is stressful. Understanding the legal reality before you act is critical. This guide covers the documentation process, the LTB forms you need, the depreciation rules that will surprise you, and why winning a case is not the same as getting paid.
Read this before you start
Ontario's LTB is currently running 12 to 24 months behind on contested hearings. You cannot hold a damage deposit (Ontario law prohibits it). The LTB awards depreciated value, not replacement cost. And winning an order does not guarantee collection. Understanding these four facts before you file saves you from expensive false expectations.
Wear and Tear vs. Damage: The Line That Matters
Tenants are not responsible for normal wear and tear — the gradual deterioration that occurs from ordinary use. They are responsible for damage caused by their actions, negligence, or the actions of their guests.
Normal wear and tear (not claimable)
- — Scuffs and minor marks on walls from furniture
- — Faded paint from sunlight and use
- — Worn carpet in high-traffic areas
- — Small nail holes from hanging pictures
- — Faded grout in bathroom tiles
- — Loose door handles from regular use
Tenant damage (claimable)
- — Large holes in drywall
- — Broken windows or doors
- — Stains from spills or pet accidents
- — Damage from unauthorized modifications
- — Burns on countertops or floors
- — Broken fixtures or appliances from misuse
The distinction is not always obvious. A carpet that is five years old and showing wear in high-traffic areas is normal wear and tear. A carpet with pet stains across most of its surface is damage. LTB adjudicators make judgment calls on borderline cases — strong documentation is your only protection.
Document Everything Immediately
The moment you discover damage — whether at move-out or during a repair visit — document it. Your case at the LTB will rise or fall on your evidence.
- 1.
Photograph and video everything
Take timestamped photos from multiple angles. Video walkthroughs are especially strong evidence because they show context that photos miss. Do not edit or enhance the images. Metadata-intact originals have more credibility.
- 2.
Get written repair quotes
Obtain quotes from two or three licensed contractors. Do not use your own labour at market rate — adjudicators are skeptical of landlord self-assessment. Written quotes from third parties carry more weight.
- 3.
Compare against move-in report
Your move-in condition report is the baseline. If you completed one (and you should have), compare the current state to the documented move-in condition. Damage that existed before the tenant moved in cannot be claimed.
- 4.
Contact the tenant in writing
Send a written notice identifying the damage, your assessment of the cost, and a request for payment. Email is fine. This creates a paper trail and gives the tenant an opportunity to pay voluntarily before LTB proceedings.
Depreciation: The Number That Will Surprise You
This is the detail most landlords learn the hard way. The LTB awards the depreciated value of damaged items — not the replacement cost. If you had a seven-year-old carpet installed at $3,000 and the tenant destroyed it, you will not recover $3,000. You will recover close to zero.
Typical depreciation benchmarks used at the LTB
The practical implication: if you own a unit with older finishes, the LTB may award you very little even if a tenant causes significant physical damage. This is the strongest argument for carrying comprehensive landlord insurance — your own insurer may cover replacement cost, not depreciated value, depending on your policy.
L2 vs. L10: Which Form to Use
L2 — Tenant is still in the unit
- →File when the tenant caused damage and is still living there
- →Can request termination of tenancy AND compensation
- →Requires serving the tenant with the application
- →LTB can order the tenant to repair, pay compensation, or leave
L10 — Tenant has moved out
- →File within one year of the tenancy ending
- →Compensation only — cannot order eviction after move-out
- →Must be filed within the one-year limitation period
- →Tenant served by mail or sheriff — may not appear
Intentional vs. accidental damage
The distinction matters for eviction speed. If damage is intentional or caused by gross negligence, a landlord can serve an N5 notice (first N5 — 7-day repair period). If the damage continues or is severe, a second N5 triggers the right to file for eviction without the repair window. Intentional damage (vandalism, deliberate destruction) can move faster through the LTB than accidental damage claims.
Realistic Timelines: What to Expect
The LTB's backlog means timelines for damage compensation cases are long. Here is a realistic estimate:
Discovery to documentation
Get quotes, compile evidence, contact tenant
File L2 or L10 application
Online via Tribunals Ontario Portal
Service of application
Must serve tenant; mail + certificate of service
Hearing scheduled
Current backlog; varies by case type and region
Hearing + order issued
Order typically issued same day or within days
If tenant doesn't pay: enforcement
Garnishment via Small Claims Court or collections
Total realistic timeline from damage discovery to any money in hand: 18 to 30 months. This is not a reason not to file — it is a reason to set realistic expectations and pursue prevention more aggressively.
You Won. Now What? Post-Judgment Enforcement
An LTB order awarding you money is not a cheque. It is a legal document that gives you the right to collect. If the former tenant does not pay voluntarily, you have limited enforcement tools:
File with Small Claims Court for garnishment
LTB monetary orders can be filed with Small Claims Court, which has enforcement powers including bank account garnishment and wage garnishment. Social assistance income (Ontario Works, ODSP) cannot be garnished. If the tenant has assets or employment income, garnishment is your strongest tool.
Credit reporting
Some collection agencies and services like FrontLobby will report unpaid LTB judgments to credit bureaus. This does not put money in your pocket, but it creates consequences for the tenant and creates a record for their future landlords.
Hire a collections agency
Collections agencies charge a percentage of what they recover (typically 25–40%). Not cost-effective for small amounts, but may be worth it for large judgments. Agencies typically require a copy of the LTB order.
The cost-benefit reality
Most legal advisors suggest: if the judgment is under $2,000, the cost of enforcement likely exceeds the recovery. If it is $4,000–$5,000 or more and the tenant has traceable income, enforcement via garnishment becomes worthwhile. Below that threshold, credit reporting is often the most practical option.
When to Call Your Own Insurance Instead
If you carry landlord insurance (rental dwelling policy), your insurer may cover malicious tenant damage under your policy, subject to your deductible. Your insurer then has the right to subrogate — pursue the tenant for reimbursement — on your behalf.
The calculus: if damage exceeds your deductible by a meaningful margin, and pursuing the LTB yourself carries uncertainty (old finishes, depreciation risk), filing with your insurer may yield faster, more certain recovery at replacement cost. Check your policy before choosing which path to take.
Free Tool
Free Pay Stub Fraud Checker
Damage claims are hard to win and slow to collect. Prevention starts at screening. Verify your applicant's income before signing.
Related Guides
LTB Timeline
LTB Eviction Timeline: How Long Does It Take?
Realistic stage-by-stage breakdown from N-form to sheriff enforcement.
Deposits
Last Month's Rent Deposit in Ontario
What you can collect, how interest works, and why the LMR cannot cover damage.
Entry Rules
Landlord Entry Rules Ontario: 24-Hour Notice Guide
How to enter the unit to inspect or document damage — 24-hour notice rule, what the written notice must say, and the T2 risk.
Early Access
The only real damage protection is choosing the right tenant.
ScreenTenants verifies income directly from your applicant's bank. Six months of real transaction history. No pay stubs to fake. $22/check, no subscription.
Join the waitlistStatutory references
Sections of Ontario law this guide is grounded in. Read the source text before acting on a specific situation.
About this guide
Written and maintained by the ScreenTenants.ca editorial team and reviewed against Ontario's Residential Tenancies Act, 2006 and the Landlord and Tenant Board's published rules. Last reviewed June 2026.
This is general information for Ontario landlords, not legal advice. Rules change and individual situations vary — confirm details with the LTB or a licensed paralegal or lawyer before acting on a specific matter.
See our editorial policy for sources, review cadence, and corrections.