Tenant Damaged or Filthy Unit in Ontario

It depends on the problem. The Landlord and Tenant Board's maintenance brochure says that keeping an untidy unit is not a reason to evict a tenant under the Residential Tenancies Act, 2006 (the Act). It then gives two examples that can matter: a unit so cluttered that it poses a fire hazard, and a unit so dirty that it attracts pests. See the LTB maintenance and repairs brochure.

Damage is a separate question. The tenant is responsible for the ordinary cleanliness of the unit (section 33). The tenant is also responsible for undue damage caused by the wilful or negligent conduct of the tenant, an occupant, or a person the tenant permits in the unit (section 34). Normal wear and tear is not undue damage, and the brochure says a tenant must repair or pay for damage that goes beyond it.

This guide stays on tenancy rules: what the tenant owes, what notices exist, how you enter, and what you can claim. It does not deal with why a tenant's unit is in this state.

Your own duty runs the other way too: the landlord must keep the complex in a good state of repair and fit for habitation, and meet health, safety, housing and maintenance standards (section 20(1)).

Before you decide anything, you will usually want to see the unit. The Act allows entry on 24 hours written notice to inspect the unit's state of repair, its fitness for habitation, and compliance with standards, if the inspection is reasonable (section 27(1)).

The notice must state the reason for entry, the day, and a time between 8 a.m. and 8 p.m. (section 27(3)). Entry without written notice is limited to an emergency, consent at the time of entry, and the cases in sections 26(2) and (3) (for example, showing the unit to prospective tenants after a termination notice, between 8 a.m. and 8 p.m., with reasonable effort to inform the tenant); otherwise written notice is required (section 27). Unlawful entry is an offence (section 234(a)).

The LTB's guidance on entry says a tenant does not have the right to deny entry simply because the time is not convenient, and the tenant must make access possible, including restraining pets. The same guidance reports a case where a nine hour entry window failed the notice requirement, so give a specific time where you can; a wide window risks the notice being found invalid. Read LTB Interpretation Guideline 19 for the detail, and see the guide on a tenant who refuses entry in Ontario.

1. Ask the tenant to fix it, in writing. The LTB brochure tells landlords to first ask the tenant to correct the problem.
2. Give proper notice and inspect. Use the section 27 notice described above, and record what you see.
3. Get written quotes from licensed contractors. The brochure names these as useful evidence of repair costs.
4. Choose the notice that fits the facts. The table below sets out the main options.
5. File the application on time. See the deadlines below.

Where there is a dispute, the LTB decides. Under section 83 the Board must consider all the circumstances and may refuse an eviction or delay it, within the limits in the Act and its regulations, so do not assume a notice automatically ends the tenancy.

Situation	What the Act says
Undue damage from wilful or negligent conduct (N5, section 62)	Termination date at least 20 days after notice. The notice must require the tenant to repair or pay within seven days, and it is void if the tenant complies within seven days.
Wilful undue damage, or use inconsistent with residential use that causes significantly greater damage (N7, section 63)	A 10 day notice. The seven day correction rule in section 62(2) and (3) does not apply.
Interference with reasonable enjoyment (section 64)	20 days, with a seven day remedy period.
Act that seriously impairs safety (section 66, N7)	10 days.
Too many occupants (section 67)	20 days, with seven days to reduce.

If an earlier N5 notice (section 62, 64 or 67) was given and new grounds arise more than 7 days but less than 6 months later, the new notice may have a termination date not earlier than the 14th day (section 68).

The forms, as titled in the LTB brochure: N5 "Notice to Terminate a Tenancy Early", N7 "10-day Notice to Terminate a Tenancy Early", and L2 "Application to End a Tenancy and Evict a Tenant or Collect Money". An application on these notices must be filed no later than 30 days after the termination date, and not before the seven day remedy period has expired (sections 69(2) and 70). The sources reviewed do not confirm the filing fees, so check them with the LTB.

A damages claim on Form L2 may be made while the tenant is still in possession or within one year after the tenant leaves (section 89(1) and (1.1)). If the Board makes a damages order and also terminates the tenancy, it sets off the rent deposit and interest (section 89(2)). See the guide to rent deposits in Ontario.

The statutory basis for money is undue damage under section 34. The Act also bans fees and penalties unless a regulation allows them (section 134(1)(a)), so a flat clean-up charge written into a lease is not safe to assume. The official sources reviewed do not list what a landlord may charge for cleaning in these cases beyond the section 34 damage route. If you want to claim cleaning costs, ask the LTB how it treats them.

For the wider question of damage claims, see what to do if a tenant damages property.

Cleanliness and fire hazard complaints can also reach your local municipality. This part is municipal, not province-wide, and it differs by city. Under the Act, provincial maintenance standards apply where there is no municipal property standards by-law. A municipality that receives written complaints from current tenants has a role, and a landlord can ask the Board to review an inspector's work order by applying within 20 days (sections 224 to 226). The LTB brochure refers only to your local municipal government. The sources reviewed for this guide do not name a specific city office, so check with your own municipality for how it handles these complaints.

Keep in mind what the sources do not say: they give no figures for filing fees, and no hearing times. They also do not describe any cleaning schedule that a tenant must follow beyond ordinary cleanliness.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.