What Ontario requires
- The only security deposit an Ontario landlord may collect is a rent deposit, so there is no damage deposit to deduct repair costs fromResidential Tenancies Act, 2006, s. 105 (1)
- A landlord may take a refundable deposit for keys, remote entry devices or cards, no greater than their expected direct replacement costO. Reg. 516/06, s. 17, para. 3
- To recover repair or replacement costs, the landlord applies to the Landlord and Tenant Board for an order that the tenant or former tenant pay them, where the tenant, another occupant or a person the tenant let in wilfully or negligently caused undue damageResidential Tenancies Act, 2006, s. 89 (1)
- An application for damage against a former tenant must be made no later than one year after they moved outResidential Tenancies Act, 2006, s. 89 (1.1)
- When the Board orders a tenant to pay for damage and also ends the tenancy, it sets off any rent deposit and interest owing to the tenant against the amountResidential Tenancies Act, 2006, s. 89 (2)
- The tenant is responsible for ordinary cleanliness of the unit, unless the tenancy agreement makes the landlord responsible for cleaningResidential Tenancies Act, 2006, s. 33
- The tenant is responsible for repairing undue damage to the unit or the building caused by the wilful or negligent conduct of the tenant, another occupant or a person the tenant let inResidential Tenancies Act, 2006, s. 34
- To inspect the unit while the tenant lives there, the landlord gives written notice at least 24 hours before, stating the reason, the day and a time between 8 a.m. and 8 p.m.; the inspection must be to check the state of repair and standards, and reasonableResidential Tenancies Act, 2006, s. 27 (1) para. 4 and (3)
- The landlord keeps the unit in a good state of repair and fit for habitation, and this duty applies even if the tenant knew of the problem before signingResidential Tenancies Act, 2006, s. 20
No damage deposit in Ontario
Under the Residential Tenancies Act, the only security deposit a landlord may collect is a rent deposit. There is no damage deposit to deduct repair costs from at move-out, which surprises landlords arriving from other provinces and states.
The one exception for property is keys: a landlord may take a refundable deposit for keys, fobs or entry cards, no more than what replacing them is expected to cost. List every key, fob and card handed over on the move-in report, so the deposit can be squared up when they come back.
Claiming for damage at the Board
To recover the cost of repairing or replacing damaged property, the landlord applies to the Landlord and Tenant Board. The order covers undue damage caused wilfully or negligently by the tenant, another occupant or someone the tenant let in. If the Board also ends the tenancy, it sets off any rent deposit owing to the tenant against the amount.
A claim against a former tenant has a deadline: the application must be made no later than one year after they moved out. The tenant is responsible for ordinary cleanliness, and for repairing undue damage; ordinary wear from living in the unit is neither.
Inspections while the tenant lives there
A routine inspection needs written notice at least 24 hours ahead, naming the reason, the day and a time between 8 a.m. and 8 p.m. The Act allows entry for an inspection that checks whether the unit is in a good state of repair, fit to live in and up to standards, and only where carrying it out is reasonable.
Recording a problem does not move it onto the tenant. The landlord's duty to keep the unit in good repair applies even if the tenant knew about the problem before signing, so a report that notes a defect at move-in is also a repair list.
Why the move-in and move-out reports carry so much weight
With no deposit to hold back, every damage dispute in Ontario becomes a question of proof at the Board: what the unit looked like when the tenant arrived, and what changed. A move-in report made room by room, with dated photos and both signatures, answers the first half. A move-out report in the same order answers the second.
Keep each item's description factual. Write what is there and how it looks, and note the cause only when you know it, so the report reads as evidence rather than argument.
From walkthrough notes to a finished Ontario report
Walk the unit and jot what you see in each room, plus the keys and fobs handed over. ReportDraft turns the notes into a room-by-room report with each item rated, damage described specifically, photos placed under their rooms, and signature lines for the landlord and the tenant.
Use the same layout for move-in and move-out, so the two reports line up item by item if they ever go in front of the Board.
Common mistakes
- Collecting a damage deposit, which the Act does not allow.
- Entering for an inspection without 24 hours' written notice naming the reason, the day and a time between 8 a.m. and 8 p.m.
- Waiting more than a year after the tenant moves out to apply for damage costs.
- Treating ordinary wear, or a unit left at ordinary cleanliness, as undue damage.
- Skipping the move-in report, which leaves nothing to compare the move-out condition against.
Sources
- Residential Tenancies Act, 2006, s. 105 (1), checked October 9, 2026
- O. Reg. 516/06, s. 17, para. 3, checked October 9, 2026
- Residential Tenancies Act, 2006, s. 89 (1), checked October 9, 2026
- Residential Tenancies Act, 2006, s. 89 (1.1), checked October 9, 2026
- Residential Tenancies Act, 2006, s. 89 (2), checked October 9, 2026
- Residential Tenancies Act, 2006, s. 33, checked October 9, 2026
- Residential Tenancies Act, 2006, s. 34, checked October 9, 2026
- Residential Tenancies Act, 2006, s. 27 (1) para. 4 and (3), checked October 9, 2026
- Residential Tenancies Act, 2006, s. 20, checked October 9, 2026
Last reviewed October 9, 2026. Next review due January 9, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.