Ontario Landlord Guide › My tenant damaged the unit. What can I do in Ontario?

My tenant damaged the unit. What can I do in Ontario?

Last updated October 23, 2026 · Written for small Ontario landlords

Short answer: If the tenant, someone living with them or their guest damaged the unit wilfully or through negligence, give them an N5 notice. It must give at least 20 days and ask them to repair the damage or pay what it costs within 7 days. If they do, the notice is void. If they don't, you can file an L2 from the 8th day to evict and claim the repair costs, or you can claim the costs alone without ending the tenancy. Normal wear and tear doesn't count.

Official source: LTB: Instructions for the N5 notice (updated Sept 21, 2026) · Last checked Oct 2026

Is it damage or wear and tear?

The Act lets you act on undue damage that the tenant, another occupant or a guest caused wilfully or negligently (RTA s. 62(1), s. 89(1)). The L2 instructions say plainly that normal wear and tear is not undue damage. Faded paint, light scuffs and carpet worn along a walkway are wear and tear. A hole punched in a door or a counter burned by a pot is damage. A dated move-in record is what lets you show the difference.

Option 1: the N5 notice (most cases)

Reason on the form. Use Reason 2 on the N5 and describe each damaged item, what happened and when.
The fix. Write the repair cost, or the replacement cost if repair isn't reasonable, on the notice. The tenant has 7 days after receiving it to repair or pay, or to make arrangements you're satisfied with (s. 62(2) and (3)).
Termination date. At least 20 days after you give the notice. Don't count the day you give it. Add 1 business day if you send it by courier and 5 days by mail.
If they fix it, the first N5 is void and you can't apply to evict on it.
If it happens again more than 7 days but less than 6 months after that first N5, you can give a second N5. It needs only 14 days and the tenant can't void it (s. 68). When you file, attach the first N5 and its Certificate of Service.

Option 2: the N7 notice (only when you can prove it was on purpose)

If the tenant, an occupant or a guest damaged the unit wilfully, section 63 lets you use an N7 instead. It needs only 10 days and the tenant can't void it by paying. The N5 instructions give the catch: you must be able to prove the damage was deliberate, and if you aren't sure, use the N5.

Filing the L2

When. On an N5 that gave the 7 days, not before the 8th day after the tenant got it (s. 70). On a second N5 or an N7, right away (s. 71). In every case, no later than 30 days after the termination date on the notice (s. 69(2)).
What to file. The L2, a copy of the notice and a Certificate of Service that says how and when you gave it.
Fee. $201, or $186 through the Tribunals Ontario Portal (LTB fees page).
Claim the money on the same L2. List the cost of each repair or item. If you haven't done the work yet, you can use estimates. Disclose your photos, receipts and quotes to the tenant before the hearing.

You don't have to evict to get paid

The L2 instructions say you can claim damage costs with or without ending the tenancy, and that you don't need to give a notice first if all you want is the money. The tenant must still live in the unit. The LTB can award up to $50,000.

Tenant already moved out? Use Form L10 instead. The tenant must have moved out on or after September 1, 2021, and you can't file more than one year after the date they moved out (s. 89(1.1), L10 instructions). The fee is the same. You serve the application and Notice of Hearing on the former tenant at their new address at least 30 days before the hearing, because the LTB won't do it for you.

Worked example

On Monday, November 9, 2026 you find a smashed bathroom vanity and get a $650 quote to replace it. You hand the tenant an N5 the same day, with Reason 2 and the $650 replacement cost.

The tenant has until Monday, November 16, 2026 to replace it or pay you. If they do, the notice is void.
The earliest termination date is Sunday, November 29, 2026, the 20th day after November 9.
If nothing happens, you can file the L2 on or after Tuesday, November 17, 2026, and no later than Tuesday, December 29, 2026.
Had you mailed the N5 instead, the termination date moves to Friday, December 4, 2026.

Where the toolkit helps: The toolkit's Move-In / Move-Out Inspection Form with a photo log records each room's condition on day one, so wear and tear and real damage are easy to tell apart. The LTB-Ready Evidence Pack keeps the notice, the repair quotes and every message in one dated file. See what is inside the $19 toolkit

Avoid these mistakes

Keeping the last month's rent for damage. The only deposit allowed in Ontario is a rent deposit, and it must go to the last month's rent (s. 105(1), s. 106(10)). If the LTB orders the tenant to pay you and also ends the tenancy, it subtracts the deposit and interest from what it awards (s. 89(2)). See last month's rent rules.
No before-and-after record. Without dated move-in photos, the tenant can say the damage was already there. Start with a move-in inspection.
Reaching for the N7 without proof. If the LTB isn't satisfied the damage was deliberate, a notice that gave no chance to fix it can fail.
Filing too early or too late. On a first N5, wait out the 7 days. Then file within 30 days of the termination date, or the notice is no good.
Changing the locks. You can take the unit back only after the tenant leaves or the LTB orders an eviction (s. 39).

Free: the Ontario move-out checklist. Two pages, from the first text to re-renting: the right notice form, the date check with worked dates, the L3 deadline, showings, the last month's rent deposit and move-out day. Get the free move-out checklist (PDF)

Official sources

Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 23, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.