As a renter in Ontario, you have practical rights when moving into a rental and when documenting the unit's condition. A written condition report helps protect both tenants and landlords by recording the state of the unit at move-in and move-out. If a landlord does not provide a condition report, tenants should know how that can affect deposits, dispute evidence, and their options for asking the Landlord and Tenant Board for remedies. This guide explains what a condition report is, how Ontario law and the Landlord and Tenant Board approach missing reports, concrete steps you can take, and the official forms and links you may need to resolve the issue.
What is a condition report and why it matters
A condition report is a written record, usually completed at move-in, that notes existing damage, cleanliness, and the working order of systems. It is evidence used later to decide whether deductions from a deposit or claims for damage are fair. Keep a copy, take photos or video, and return a signed copy to your landlord if requested.
Legal context in Ontario
The relevant provincial law is the Residential Tenancies Act, 2006[1], and disputes about missing documents or deposits are decided by the Landlord and Tenant Board[2]. While the Act sets out rights and obligations for landlords and tenants, the Board hears applications and can order remedies when a landlord fails to meet obligations, including returning deposits, ordering compensation, or other remedies depending on the case facts.
Common consequences and remedies
- Keep evidence: photos, dated move-in notes, messages, and any emails or text about the missing report.
- If a deposit is disputed, the Board can order repayment with interest or deny deductions if evidence does not support them.
- You can apply to the Landlord and Tenant Board for a hearing to resolve the dispute if informal efforts fail.
What to do right now (practical tenant steps)
Act promptly and keep records. Below are practical steps tenants commonly take when a landlord fails to provide a condition report.
- Create dated photos and video files of every room and any existing damage on move-in.
- Request the condition report in writing and keep a copy of the request (email or text) as evidence.
- Try to resolve the issue directly by asking the landlord for the report or for written confirmation of an agreement about the unit's condition.
- If informal requests fail, prepare to file an application with the Landlord and Tenant Board using the official forms and evidence.
Required official forms and where to find them
To bring a formal claim you will usually use an application available from the Landlord and Tenant Board. The Board maintains a forms page with current application forms and guides[3]. Common items tenants need:
- Application to the Landlord and Tenant Board (see the Board's forms page for the correct application type and filing instructions).
- Any evidence files: photos, videos, signed move-in notes, and written requests to the landlord.
When to get legal help or advice
If the amount at dispute is large, the situation is complex, or you face an urgent notice from your landlord, consider getting advice from a legal clinic or community legal service. Many clinics in Ontario offer tenant services on a low-fee or income-based basis.
FAQ
- What if my landlord promised a condition report but never gave it?
- Send a written request and keep evidence of your request; if that fails, you can apply to the Landlord and Tenant Board to raise the issue as part of a deposit or damage dispute.
- Can I withhold rent until I get a condition report?
- No. Withholding rent is risky and can lead to eviction. Use documentation and the Board process instead to resolve deposit or condition disputes.
- How quickly should I act after move-in?
- Document the unit immediately with photos and written notes, and request the condition report as soon as possible so evidence is preserved.
How-To
- Gather evidence: take dated photos/video and save messages, receipts, and the lease.
- Ask the landlord in writing for the condition report and keep a copy of your message and any response.
- If the landlord does not provide the report, download and complete the appropriate application from the Landlord and Tenant Board forms page, attach your evidence, and submit per instructions.
- Prepare for the hearing by organizing photos and notes, and bring originals or copies of all evidence to present to the Board.
Key Takeaways
- Always document the unit at move-in with photos or video and keep copies.
- Request the condition report in writing and keep that evidence for any dispute.
- If informal steps fail, use the Landlord and Tenant Board process with the correct forms and evidence.
Help and Support / Resources
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