For physical damage, you have parallel tracks:
**Track 1 — N5 to address the tenancy.** Serve an N5 for damage. If the tenant doesn't repair or pay for the damage within 7 days, you can file L2 to terminate. The LTB will only terminate for serious / repeated damage — minor wear and tear loses.
**Track 2 — Recover the cost.** Two options:
a) During the tenancy: file an L10 with the LTB (compensation for damage). LTB can order tenant to pay you up to the actual repair cost.
b) After the tenancy ends: file in Small Claims Court (up to $35,000 jurisdictionally). Lower bar of proof but takes longer.
In practice: most landlords serve the N5 to put the tenant on notice, repair the damage themselves to mitigate (insurance, photos before/after, contractor invoices), then file L10 with the LTB. Termination via L2 is reserved for repeated / wilful damage.
Evidence you need: before/after photos with metadata, contractor invoices, expert estimates if structural.
VirtualPM Legal Shield includes L2 and L10 prep at the $199/month tier. Book a free 15-minute consult.
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**Track 1 — N5 to address the tenancy.** Serve an N5 for damage. If the tenant doesn't repair or pay for the damage within 7 days, you can file L2 to terminate. The LTB will only terminate for serious / repeated damage — minor wear and tear loses.
**Track 2 — Recover the cost.** Two options:
a) During the tenancy: file an L10 with the LTB (compensation for damage). LTB can order tenant to pay you up to the actual repair cost.
b) After the tenancy ends: file in Small Claims Court (up to $35,000 jurisdictionally). Lower bar of proof but takes longer.
In practice: most landlords serve the N5 to put the tenant on notice, repair the damage themselves to mitigate (insurance, photos before/after, contractor invoices), then file L10 with the LTB. Termination via L2 is reserved for repeated / wilful damage.
Evidence you need: before/after photos with metadata, contractor invoices, expert estimates if structural.
VirtualPM Legal Shield includes L2 and L10 prep at the $199/month tier. Book a free 15-minute consult.