Repairs, Damage and Ordinary Wear in Toronto
by Platuni | 25 Sep, 2026 | 5 mins read
Platuni
25 September, 2026
5 mins read
There's no deposit to deduct from, and that changes everything
This is the structural fact that has to come first, because it reshapes every other answer in this article. Ontario law prohibits damage deposits, security deposits, and pet deposits outright. The only upfront payments a landlord can lawfully collect are a last month's rent deposit, capped at one month's rent and carrying annual interest, and a key deposit limited to the actual cost of replacing a key or fob. The last month's rent deposit can only ever be applied to the tenant's final month of rent; it cannot be used to cover damage, cleaning, or anything else, regardless of what a lease might claim.
For a landlord used to withholding part of a deposit after a move-out inspection, this is a genuine mental shift, not just a different number. There's no pool of money sitting with the landlord that damage costs get subtracted from. If a tenant genuinely damages the unit, recovering that cost means making a formal claim, not adjusting a line item.
The maintenance duty, and the wear-and-tear carve-out built into it
Landlords in Ontario have to keep the rental property in a good state of repair, and everything the landlord provides to the tenant, appliances, fixtures, systems, has to be kept in working order. This obligation also extends to meeting whatever health, safety, and maintenance standards apply, both provincial and municipal, the second layer covered later in this article.
Built directly into how this duty is interpreted is an explicit carve-out for wear and tear. The Landlord and Tenant Board's own guidance states this plainly: a tenant is not responsible for replacing carpet that's become worn after years of normal, everyday use. That's not a courtesy interpretation, it's the baseline standard. Tenants are responsible for damage beyond ordinary use, whether caused by themselves, a guest, or another occupant of the unit, but the starting assumption for ordinary deterioration runs in the tenant's favor.
Where the line actually sits between wear and damage
The practical test mirrors what's used elsewhere in Canada, even without deposit mechanics attached to it here: does the condition issue result from the simple passage of time and ordinary occupancy, or from a specific event or pattern of use a reasonable tenant could have avoided. Worn carpet from years of foot traffic, paint that's faded after a long tenancy, minor scuffs on walls from ordinary furniture movement, these fall on the wear-and-tear side. A burn mark, a hole punched in drywall, damage from an unauthorized pet, or neglect that allowed a minor issue to become a major one fall on the damage side.
What makes this genuinely tricky in practice is that the same visible condition can sit on either side depending on context. A stained carpet after five years of a family living in the unit reads differently than the same stain appearing three months into a tenancy. Duration, plausibility, and whether the tenant reported an underlying issue promptly all factor into how an LTB adjudicator is likely to view a specific case.
How damage recovery actually works without a deposit
Since there's no deposit to draw from, the landlord's path to recovering genuine damage costs runs through a formal Landlord and Tenant Board application. The exact form generally depends on whether the tenant is still in the unit or has already moved out, the LTB offers separate application types for each situation, and the specific form used should be confirmed against the LTB's own current instructions rather than assumed, since form numbers and their exact scope can shift with LTB rule updates.
Whichever form applies, the evidence expectations are consistent: move-in documentation showing the unit's original condition, move-out or current-condition documentation showing the damage, written correspondence with the tenant about the issue, and contractor quotes or repair receipts establishing the actual cost. The LTB brochure specifically recommends bringing multiple copies of this documentation to a hearing, since the adjudicator, the tenant, and the landlord's own record all need a copy.
Toronto's heating and cooling rules, scoped correctly
Toronto currently requires a minimum indoor temperature of 21°C wherever the landlord provides heat, running from October 1 through May 15. This is a settled, long-standing requirement and one of the clearer property-standards obligations landlords face.
The cooling side is where it's easy to overstate the rule. A maximum temperature of 26°C is currently required, but only in units where the landlord has already chosen to provide air conditioning, running June 1 through September 30. There is no current citywide requirement that every rental unit have air conditioning installed. A separate, narrower requirement takes effect for shared indoor amenity spaces in RentSafeTO-registered buildings that lack unit-level cooling, not individual units themselves. Confusing that amenity-space rule with a universal per-unit AC mandate is a mistake worth avoiding specifically, since it overstates what's actually required for most individual rental units.
Frequently asked questions
My lease has a clause about a $500 damage deposit. Is that enforceable?
No. Damage deposits are illegal in Ontario regardless of what a lease states, and a clause attempting to create one isn't enforceable. The only deposits a landlord can lawfully collect are a last month's rent deposit and a key deposit.
Can my landlord use my last month's rent deposit to cover damage I caused?
No. That deposit can only be applied to your actual last month of rent, never to damage, cleaning, or any other charge. A landlord who wants to recover damage costs has to pursue that separately through the Landlord and Tenant Board.
Is a worn carpet after eight years of living in the same apartment something I have to pay for?
Generally no. Deterioration from years of ordinary, everyday use is treated as normal wear and tear, which tenants aren't responsible for under Ontario law. This is explicitly stated in the LTB's own maintenance guidance.
How does my landlord actually get money from me if I genuinely damaged something?
Since there's no deposit to draw from, they'd need to file an application with the Landlord and Tenant Board, generally a different form depending on whether you're still living there or have already moved out, supported by documentation like photos, correspondence, and repair costs.
Does my Toronto apartment legally have to have air conditioning?
No, not currently, for individual units. There's no citywide requirement that a landlord provide air conditioning. Where AC is already provided, a 26°C maximum applies during summer months, and a separate, narrower rule covers shared amenity spaces in certain buildings, not individual units generally.
What's the difference between damage and wear and tear if both leave a mark on the unit?
The distinction generally turns on whether the condition resulted from ordinary occupancy over time or from a specific event or avoidable conduct. Duration of tenancy, plausibility of the cause, and whether an issue was reported promptly all factor into how that gets assessed in a specific case.
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