What happens to my basement apartment if the tenant damages it?

When a tenant damages your basement apartment, you have several legal protections under Ontario's Residential Tenancies Act, but the process requires proper documentation and following specific procedures. The key is having comprehensive insurance coverage and understanding your rights as a landlord.

Damage Assessment and Documentation

First, you'll need to document all damage thoroughly with photos, videos, and written descriptions. In Ontario, you must distinguish between normal wear and tear (which tenants aren't responsible for) and actual damage beyond reasonable use. Normal wear includes minor scuff marks, small nail holes, or carpet wear from regular foot traffic. Damage includes large holes in walls, broken fixtures, pet damage, or modifications made without permission.

For basement apartments specifically, common damage issues include moisture problems from tenant negligence (leaving windows open during rain, not using exhaust fans), damage to finished walls or flooring, and problems with separate entrance doors or windows. Since basement units often have lower ceilings and different construction materials than upper floors, repairs can sometimes be more complex and costly.

Your Legal Options in Ontario

Under the Residential Tenancies Act, you can apply to the Landlord and Tenant Board (LTB) for compensation for damages beyond normal wear and tear. You'll need to file Form L2 (Application to End a Tenancy and Evict a Tenant for Cause) if seeking eviction, or Form L2 for monetary compensation. The process typically takes 2-4 months, and you can claim actual repair costs plus reasonable compensation for your time.

You can also use the last month's rent deposit, but only for unpaid rent - not for damages. However, if you collected a key deposit (legal maximum of $75 in Ontario), this can be applied to key replacement costs.

Insurance Considerations

Your homeowner's insurance should include coverage for rental units, but standard policies often have limitations for basement apartments. Many insurers require separate landlord insurance or endorsements for secondary suites. This coverage typically includes property damage from tenant negligence, loss of rental income during repairs, and liability protection.

Document everything for insurance claims - photos before tenant move-in, during tenancy if issues arise, and after move-out. Keep all receipts for repairs and improvements, as these support your damage claims.

Prevention and Next Steps

The best protection is prevention through thorough tenant screening, detailed move-in inspections with signed condition reports, and regular property inspections (with proper 24-hour notice as required by law). Consider requiring tenant insurance as a lease condition - while you can't force them to buy it, you can make it a lease requirement.

If you're dealing with significant damage to your basement apartment, contact Ottawa Basements for a professional assessment and repair estimate. We can help document the scope of work needed and provide detailed quotes that support your insurance claims or LTB applications.