Is a Tenant Liable For Minor Daily Life Damage?

Tenants Are Not Required to Pay For Damage From Normal Everyday Living.

Similar Questions About Liability for Damage By Tenant Include:

  • Can a Tenant Be Sued For Common Wear and Tear Damage?
  • Does the Landlord or the Tenant Pay to Repair the Normal Living Damage?
  • Is Wear and Tear of Normal Living Considered Undue Damage and Who Pays to Fix It?
  • Must a Tenant Pay For the Normally Expected Damage?
  • Is a Tenant Liable For Minor Daily Life Damage?


Determining Whether a Tenant Is Responsible For Damage

Residential Lease Document At the end of a tenancy, especially if the tenancy was a long-term tenancy, the rental unit is likely in a state of repair that differs from the state of repair as existed when the tenant first took occupancy of the unit.  Perceiving that a tenant is legally obligated upon vacating the unit to leave the unit in the same condition as the tenant received the unit, a landlord may bring legal action against the tenant for the cost of making repairs that bring the unit back to the initial condition.  Unfortunately, for the landlord, the tenant should be liable only for undue damage rather than due damage being damage reasonably expected and contemplated as likely to occur from the forces of common daily living.

The Law
Defining Undue Damage

Understanding what is "due damage" requires objective review of what is normal wear and tear given nature of the tenancy. For example, a worn carpet after only one year of tenancy by a single person may be undue damage; however, a worn carpet after ten years of tenancy by a family of with four children may be, or should be, fully expected. The necessity to review damage based on the circumstances and context of the tenancy arose in the case of Doucette-Grasby v. Lacey, 2013 CanLII 95661 which said:

43.  Despite any provisions in a lease such as are contained in Exhibit 1, the original lease in this case, a residential tenant is responsible for the repair of undue damage to the rental unit caused by the willful or negligent conduct of the tenant or persons she permits in the premises.  (Residential Tenancies Act, 2006, S.O.  2006, c.  17, s.  34) A tenant is not required to return the premises to the state they were in at the beginning of the tenancy.  A tenant is not liable for anything beyond ordinary wear and tear.  A tenant is responsible for undue damage.

44.  The use of the term undue damage implies that there exists a concept of due damage.  Due damage in my view includes ordinary wear and tear, and other things that any reasonable tenant would do while living in the house: hang a few pictures, rub up against the walls at times.

45.  Moreover, paint jobs do not last forever.  Paint gets worn off by traffic, it gets marred by the ordinary activities of daily living, it gets dirty and darkens from smoke or kitchen fumes, or it fades in sunlight.  The need to paint a house after at least 2.5 years of tenancy, as in this case, 1.5 years by the defendant and at least 1 year by the previous tenant, does not itself prove undue damage.  Indeed, it is in my opinion rather high-handed of the plaintiffs to demand a full interior paint job of the defendant when they didn’t even touch the place up before she moved in.  I appreciate that they have tried to exclude from the claim problems that existed before she moved in.  But they didn’t in their evidence exclude them all.  It is obvious to me that the two emails sent by Magnum before and after the defendant moved out were sent without regard to the documented condition of the house when she moved in.  Just about every room needed to be patched and painted when the defendant moved in, but she didn’t insist on that and it wasn’t done.  And the plaintiffs should hardly be surprised if they find that they need to paint the place after every two tenants.

Summary Comment

A tenant is without liability for wear and tear that happens due to daily life activity. Accordingly, when a tenant moves out, the landlord is responsible to make repairs for the minor damage that is expected. Wear and tear that occurs normally is viewed as due damage and the tenant is without blame.


Defend-it Legal Services provides affordable services as a Paralegal in:

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction.

For more information, fill out the form below to send a direct inquiry to Defend-it Legal Services

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with a Defend-it Legal Services representative.
Hours of Business:

10:00AM – 6:00PM
10:00AM – 6:00PM
10:00AM – 6:00PM
10:00AM – 6:00PM
10:00AM – 6:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

Closed on Weekends & Holidays

By appointment only.  Call for details.
Messages may be left anytime.