Can a landlord charge for nail holes?

The tenant must keep the premises reasonably clean (s.21(f)) and must not do or permit significant damage (s.21(e)). Normal wear and tear is "the deterioration that occurs over time with the use of the premises even though the premises receive reasonable care and maintenance" (s.46(1)(b)), and nothing can be deducted from the deposit for it (s.46(5)). We found no Alberta statement on nail holes.

A landlord cannot deduct for damage unless the move-in and move-out inspection requirements were met (s.46(6)), and can deduct cleaning only if the tenant agreed to it. A landlord who missed the reports can still apply to the RTDRS or court for the damage, up to $100,000.

The tenant must leave the unit reasonably clean and undamaged except for reasonable wear and tear (s.37(2)) and is not required to repair reasonable wear and tear (s.32(4)). The government repairs page lists patching nail holes and cleaning marks on walls as minor repairs when moving out, and lists faded paint, minor floor scuffs and worn carpet as wear and tear. It says landlords cannot keep a deposit for wear and tear.

Compensation for damage is reduced for the item's age under Policy Guideline 40 (interior paint 6 years, window coverings 15 years). A landlord who skips the move-in or move-out condition inspection loses the right to claim against the deposit for damage, though a separate claim to the Residential Tenancy Branch may still be possible.

A tenant must leave the unit ordinarily clean and is not liable for reasonable wear and tear (s.72(2)). Branch guidance says that for pictures on walls, "as long as the tenant acted reasonably, it's not considered damage," and that "as a rule, a tenant should not fill nail holes." The landlord must keep the unit's appearance in a proper condition having regard to the length of the tenancy (s.58).

For damage beyond wear and tear, the Branch awards the loss of value, not the replacement cost. A condition report is required only if either side asks, but the Branch recommends one and uses it as evidence.

A tenant must leave the unit reasonably clean and undamaged, except for reasonable wear and tear (s.51), and is not required to repair reasonable wear and tear (s.49(7)). The Act uses the phrase but does not define it, and we found no Saskatchewan statement on nail holes or paint.

A lease cannot impose an automatic cleaning charge. A landlord can claim cleaning and damage against the deposit within seven business days of the tenancy ending, or file a monetary application with the Office of Residential Tenancies, up to $30,000. Inspection reports are optional.

An Ontario tenant is responsible for ordinary cleanliness (s.33) and for undue damage caused wilfully or negligently (s.34). The Landlord and Tenant Board says tenants are not responsible for damage from normal use, and that a landlord cannot claim costs related to normal wear and tear. We found no Board statement on nail holes or repainting.

A landlord cannot deduct damage or cleaning from the rent deposit, which covers only the last rental period. Instead the landlord applies to the Board under s.89, on an L2 while the tenant is in possession or an L10 within one year after move-out, for the reasonable cost of repair or, where repair is not reasonable, replacement. Condition reports are not required.

A New Brunswick tenant must keep the unit ordinarily clean and repair damage caused wilfully or negligently by the tenant or guests (s.4(1)). The government says reasonable wear and tear is not the tenant's responsibility, describing it as natural wear from normal ageing when the tenant used the unit in a reasonable manner and caused no deliberate damage. We found no New Brunswick statement on nail holes or paint.

A landlord can claim cleaning and repair costs against the deposit (s.8(12)). Inspections are recommended but not required, and a signed report helps prove the unit's condition.

Nova Scotia defines wear and tear in the Act as "the usual degree of depreciation or deterioration caused by living in a residential premise, relative to the duration of the lease" (s.2(k)). A claim for damages from a security deposit must not include ordinary wear and tear (s.12A(3)). The tenant must keep the interior ordinarily clean and repair damage from wilful or negligent acts (Statutory Condition 4).

We found no table of useful lives for paint or blinds, and no Nova Scotia statement on nail holes. A condition report is recommended by the standard lease but not required.

A PEI tenant must leave the unit reasonably clean and undamaged, except for reasonable wear and tear (s.39(2)), and is not required to repair reasonable wear and tear (s.28(5)). The tenant repairs undue damage caused by the tenant or guests (s.28(4)). The Rental Office says tenants are not responsible for reasonable wear and tear. The Act does not define the phrase, and we found no PEI statement on nail holes.

For tenancies that started on or after April 8, 2023, move-in and move-out inspections are required, and the landlord bears the burden of proof in a deposit case. The Director may draw an adverse inference against a party who skipped an inspection.

A Newfoundland and Labrador tenant must keep the unit clean and repair damage caused by a wilful or negligent act of the tenant or their guests (Statutory Condition 2). Office policy defines normal wear and tear as the deteriorating condition expected over time through ordinary use even when the tenant cleans and maintains the unit, and says a landlord is expected, at their own cost, to periodically replace flooring or repaint the walls.

The landlord must prove the damage was deliberate or negligent, and damage claims are depreciated by the item's age. Condition reports are not required by the Act but the Office recommends them, and adjudicators rely on them and on time-stamped photos.