Can a landlord sue a tenant for damages?

Yes. All nine provinces covered here apply their tenancy law to oral rental agreements, not only written leases, so the same damage rules and claim routes apply. In New Brunswick and Nova Scotia, a landlord and tenant with an oral agreement are treated as having signed the standard form lease, and in Saskatchewan and Newfoundland and Labrador the standard or statutory conditions, including the tenant's duty to repair damage, are part of every tenancy. Without a written lease, inspection reports, photos, messages and rent records do the work of proving the arrangement and the unit's condition. More on tenancies without a lease.

Up to the actual cost of the damage, within the forum's limit. The tenancy tribunals can award up to $100,000 in Alberta (the Alberta Court of Justice has the same limit), $50,000 in Ontario, $35,000 in British Columbia and $30,000 in Saskatchewan. We found no dollar limit in the Acts of Manitoba, Nova Scotia, PEI and Newfoundland and Labrador. In New Brunswick we found no power for the residential tenancies officer to award more than the deposit, so anything more is claimed in court. The award itself is often reduced for the age of what was damaged.

Yes. The deposit is applied first, and the landlord claims the rest from the tenancy office or, in Alberta, the RTDRS or the Alberta Court of Justice. Alberta's government says that if the costs exceed the deposit, the landlord can take legal action for the money owing, and British Columbia applies the deposit to the RTB's award. New Brunswick is different: claims above the deposit go to court, and the landlord has to notify the residential tenancies officer within 7 days and start the case within 14 days after the tenancy ends to keep the deposit held. Ontario landlords hold no deposit for damage, so the whole amount is claimed from the Landlord and Tenant Board.

It depends on the province, and in most of them the claim goes to a tribunal rather than a court. The deadlines are 2 years in Alberta (from when the claim came to the landlord's attention, at the RTDRS) and British Columbia (after the tenancy ends), 1 year in Saskatchewan (after the act or omission), Ontario (after move-out, on an L10), Nova Scotia and Newfoundland and Labrador, and 6 months after the tenancy ends in PEI. In New Brunswick, a landlord who wants the deposit held toward a court claim must start the case within 14 days after the tenancy ends. Manitoba's Branch can confirm its deadline.

Only if the tenant is responsible for it. Water damage the tenant or a guest caused, deliberately or through carelessness, can be claimed like any other damage. Water damage from the building itself, such as a pipe or roof that fails with age, is generally the landlord's to fix under the landlord's own duty to keep the property in repair. Insurance questions are separate; see is tenant insurance mandatory.

Yes. The claim survives the end of the tenancy, and most deadlines run from the day it ended: 2 years in British Columbia, 1 year in Ontario (L10), Nova Scotia and Newfoundland and Labrador, and 6 months in PEI. In Saskatchewan the year runs from the act or omission that caused the loss. In Nova Scotia, damage found after an earlier hearing needs a new application, because compensation covers losses only up to the hearing date.

The reasonable cost of repairing damage beyond normal wear and tear, or of replacing an item that cannot reasonably be repaired, often reduced for its age. Cleaning the tenant left undone and the landlord's own repair labour can also be claimed in some provinces, such as Manitoba (cleaning at up to $20.00 an hour) and Newfoundland and Labrador (labour at the minimum wage plus $8.00 an hour). Losses that flow from the damage can count too: Saskatchewan's Act includes lost rent in compensation, and Nova Scotia lets a landlord apply again if the unit stayed empty after the hearing. Unpaid rent is claimed the same way; see can a landlord sue for unpaid rent.

Not in a tenancy damage claim, as far as we found. Manitoba's Branch says it has no authority to award compensation for pain and suffering, mental anguish, personal injury or legal fees, and the tenancy offices elsewhere award compensation for loss that results from a breach of the Act or the lease. A damage claim is built on repair costs and other money actually lost. A landlord who believes there is a claim beyond that should get legal advice before filing anywhere.

Read the application, note the hearing date and how to respond, and gather your move-in and move-out inspection reports, photos, receipts and messages. You are not responsible for normal wear and tear, and the landlord has to prove the damage, that you or someone you let in caused it, and the cost. Check the deadline too: a claim filed late, such as an Ontario L10 more than 1 year after you moved out, may be out of time. Your province's tenancy office can explain the hearing process.

Only in some provinces. Alberta landlords can choose the Alberta Court of Justice instead of the RTDRS. In Manitoba, Nova Scotia and PEI, the tenancy office has exclusive authority, so damage claims go there, not to small claims court. Ontario and British Columbia send claims above the tribunal's limit ($50,000 and $35,000) to court, and in New Brunswick anything above the deposit is claimed in court. In Saskatchewan and Newfoundland and Labrador, ask the tenancy office where your claim belongs before filing anywhere else.

Record each incident with dated photos and a repair quote, ask the tenant in writing to repair it or pay for it, and claim against the deposit on time where your province lets you. Serious or unrepaired damage is also a ground to end the tenancy in every province covered here, with different notices. British Columbia's One Month Notice to End Tenancy for Cause (RTB-33) covers extraordinary damage or damage not repaired within a reasonable time. Ontario's N5 gives at least 20 days and is void if the tenant fixes the problem within 7 days, while an N7 for wilful damage gives 10 days. In Manitoba a landlord must generally give a written warning first and wait a reasonable time for the problem to be fixed, though for serious cases such as extraordinary damage a notice can take effect 5 days after it is given. A tenant who stays after a notice generally has to be removed under an order, so do not change the locks or take belongings.

The steps and the notice in each province are on what to do if a tenant damages your property.

The tenancy rules point the claim at the tenant. In every province covered here the tenancy rules make a tenant responsible for damage caused by their guests or the people they let in (the wording varies by province). So the landlord claims the cost from the tenant on the lease, through the tenancy office or, in Alberta, the RTDRS or the Alberta Court of Justice.

We found no rule in the tenancy Acts we reviewed that lets a landlord claim from a non-tenant through the tenancy office, so a claim against someone who is not a tenant is a question for a lawyer or the court office. SQRFT's reading, not law: if the person lives there and pays rent to you, they may in fact be a tenant, since an oral tenancy agreement can be valid (in Manitoba and Ontario, for example), so ask your tenancy office. See can a landlord evict someone not on the lease.

A landlord can claim cleaning costs where the unit was not left clean to the province's standard, but not for normal wear and tear. SQRFT advice, not law: back the claim with dated photos, the move-out report and invoices. The route differs: in Alberta the landlord can deduct cleaning from the deposit only if the tenant agreed to it, and otherwise can apply to the RTDRS or court. In Manitoba the Branch may award up to $20.00 an hour for cleaning. In Ontario the Act sets only ordinary cleanliness, we found no separate move-out cleaning standard, and the last month's rent deposit cannot be used to pay for it.

Belongings left behind fall under separate rules, so do not throw them out first. See what to do if a tenant has abandoned property and can a landlord charge for cleaning.

Start with the security deposit, then claim the rest from your province's tenancy office or tribunal. Deposit claims have short deadlines: for example 7 days after the tenancy ends in New Brunswick, 7 business days after the landlord knows the tenant has moved out in Saskatchewan, 15 days in PEI and 28 days in Manitoba (Ontario landlords cannot take a deposit for damage). For anything beyond the deposit, apply to the tenancy tribunal or office, such as Form L10 at Ontario's Landlord and Tenant Board or Form 2B in PEI, within the province's deadline, which runs from 6 months after the tenancy ends in PEI to 2 years in British Columbia and at Alberta's RTDRS. In New Brunswick, anything above the deposit is claimed in court.

You have to prove the loss, so gather the inspection reports, dated photos, invoices and your written requests. If you already have an order and the tenant does not pay, it is enforced through the court system, for example by filing it with the Court of King's Bench in Alberta, Manitoba and Saskatchewan, or with the Small Claims Court in Ontario and Nova Scotia. For unpaid rent, see can a landlord sue for unpaid rent.