LandlordEzy

Tenant damaged the unit — N5 or repair-then-bill via small claims?

by LandlordEzy Team · · 1 views 🆘 Paralegal review
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Common question: tenant has damaged the unit (broken door, hole in wall, ruined flooring). The landlord wants to know the right legal path.

N5 termination notice? L2 application? Small claims for the repair cost? Or all three?
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OLH Property Management 📌 Pinned ·
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.

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