Here's a clip from the Standard Lease Agreement;
"Section J - Maintenance and Repairs
The landlord must keep the rental unit and property in good repair and comply with all health, safety and maintenance standards.
This includes the maintenance and repair of things that came with the unit, such as appliances, and of common areas, such as
parking lots, elevators, and hallways.
The tenant must pay their rent, even if they have problems with the maintenance and repair of their unit or property. If the tenant
is having a maintenance or repair problem, the tenant should let the landlord know. If needed, the tenant can apply to the
Landlord and Tenant Board.
The tenant is responsible for any damage to the rental property caused by the tenant, the tenant’s guest or another person who
lives in the rental unit. This applies to any damage caused on purpose or by not being careful enough. This does not include
damage that results from normal use of the rental unit over time (“wear and tear”). The landlord can apply to the Landlord and
Tenant Board if the tenant has not repaired such damage.
The tenant is responsible for ordinary cleanliness of the rental unit, except for any cleaning the landlord agreed to do."
Of course, you may not have used the standard lease agreement with this tenant, but this how the LTB wil judge the situation.
A question for any Paralegals reading: I wonder, if you had a different agreement with the tenant, how would the LTB judge that? Would they still lean towards the standard lease agreement's terms, or would they honour your written agreement?
