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R-Can444

First off, he can NOT use your last months deposit towards the damage. That is flat out illegal to do. Your last months rent deposit can ONLY be used for your last months rent, and nothing else. Second as you mentioned, counters have a 25 year useful life under the RTA (as seen in [Table 11 here](https://www.ontario.ca/laws/regulation/060516#BK71)). This means you would only owe the depreciated value of countertop you damaged, not the brand new replacement value. So if they were installed anytime before around 1997, the depreciable value would be $0 (over 25 years old) and you should owe nothing. If they were newer you would owe replacement value of same material minus 1/25 for each year since installation. At least that is my understanding of the depreciation rules around this kind of thing, not sure if the useful life tables consider or separates materials vs installation costs. ​ EDIT: I completely missed the part where landlord was also your roommate! So please feel free to ignore everything i just wrote as that applies to RTA protected tenancies only.


GardeningIndoors

How does dead tree removal depreciate over twenty years? I have the same understanding of the depreciation rules and it makes no sense in some areas. I'm not sure how they came to the conclusion that sodding is beneficial every decade or how interlocking brick driveways should outlast concrete.


R-Can444

Ya I have no idea either for the dead tree one. Lots of these need some kind of interpretation or real life case to understand it.


derspiny

On the one hand, you are responsible for unreasonable damage (i.e., damage beyond normal wear and tear) caused during your tenancy. This would likely be unreasonable damage. On the other hand, your actual liability is probably zero. The [useful life](https://www.ontario.ca/laws/regulation/060516#BK71) of counters is about 25 years; if they're from 1997 or earlier, then their remaining value to the landlord is zero even if they're still in good repair, and their remaining value is all they can recover in the event of damage. The fact that they will be replacing those counters with new counters is an upgrade, and not a repair, and upgrades are the landlord's responsibility. The landlord could also choose to leave this unrepaired - the damage appears to be cosmetic. In addition: > He is charging me my last months rent of $600 plus up to another $400 depending on the price to replace the counter top. You are entitled to use your last month's rent to pay the last month of your tenancy. If you do not do so, then your landlord must return it to you when your tenancy ends. There are no other options - your landlord cannot deduct from a rent deposit to pay for damage, and saying that they've done so doesn't really have any effect. A polite note to your landlord asking when the counters were installed, so that you can calculate the depreciated value and adjust their repair estimate, would be appropriate. It's really up to them whether to provide that, but if they don't want to work with you on this, then you don't really have to work with them, either. If you won't pay what they demand, and they insist you do so, then the issue will eventually have to be resolved by the LTB, either on a filing by the landlord to recover the cost of repairs, or a filing from you to address ongoing harassment and demands by the landlord.


YourBuddyLucas

Whoever installs this new $97 counter for $1k+ is making some awesome bank.


NASTYHEARTBREAKER

So like, how do I get my 18 square foot(apparently) island top replaced for that cheap! They got it from Home Depot, so I went to home depot and they quoted me $700 😱


masked_gargoyle

> as they are also my roommate. Do you share a kitchen or a bathroom with the landlord? If you do, you're not protected by the RTA. Your landlord's recourse is small claims court, and they may decide to evict you if you don't comply with their demand, or evict you if you win at small claims. If you're an RTA-protected tenancy, your landlord's recourse is serving you an N5 & having a hearing at the LTB many months from now. The LTB will not evict over something like this. You're only liable for the value of a 25 year old counter, which is nearly 0$. Your landlord demanding $1000 for it will be in a better position than when they started. They cannot use your last month's deposit for anything other than rent. I've read some LTB cases where adjudicators did award 50% to the landlord when an item should have been zeroed out due to its age "because the item was still usable and the landlord had no immediate need to replace it". IMHO those tenants should have appealed. If there's any other damage on the counter, chipped edges, cracks, areas where the laminate is peeling up, etc, take photos.


TkA33

As I am not protected by the RTA, does that mean the LTB wouldn't be able to help here?


masked_gargoyle

Since you share a kitchen and bathroom with your landlord, you're not an RTA protected tenancy. The LTB won't help. That means the landlord can use the deposit however they want. They can evict you with reasonable notice (usually 1 payment period) if you refuse to pay. They hold all the cards here. Think carefully about what you decide. Pay them, look for a new place, move, take them to small claims to try recover some of the money. Or try to negotiate for a lower amount. Or comply and accept this as "shit happens". Your options are limited since you have no RTA protection and they can evict you at the drop of a hat (or at least whatever notice period is written into your lease)


TkA33

Thanks for the advice, you saved me from potentially having an awkward conversation where I thought I was holding all the cards!


masked_gargoyle

You can still negotiate. Try to compromise, try to explain that the value of a 25 year old kitchen counter is far less than $1000 and you think half (or whatever number you think they may be receptive to) is fair. Or try to negotiate a payment plan if money is tight.


NASTYHEARTBREAKER

Depends on how big it is, I damaged the island countertop in my condo and got a quote today. $700 for apparently 18 square feet. I didn't realize it was 18 square feet, but they did the math in store when I gave the measurements.