Broken Window in a Rental: Who Pays in Ontario?
In Ontario, the landlord is responsible for repairing a broken window in a rental unit, because the Residential Tenancies Act requires the landlord to keep the unit in a good state of repair. The exception is undue damage caused wilfully or negligently by the tenant, someone living with them or a guest, which the tenant must pay to repair; a lease clause cannot shift the landlord's repair duty onto the tenant.
Under the Residential Tenancies Act, s.20, the landlord must keep a rental 'in a good state of repair and fit for habitation', even if the tenant knew about a problem before moving in.
Under s.34, the tenant pays only for undue damage caused wilfully or negligently by the tenant, other occupants or people they let in.
Storm damage, break-ins by strangers, failed seals and worn hardware are normally the landlord's to fix.
Toronto's property standards by-law (Ch. 629) requires rental windows and exterior doors to be weather-tight, in good repair, screened where openable and lockable from inside.
Tenants should ask for repairs in writing first; in Toronto, if nothing happens within a reasonable time, call 311, and the Landlord and Tenant Board can order repairs or a rent abatement.
Home insurance deductibles of $500–$2,000 often exceed the cost of replacing the glass in one window, so many single-window repairs are paid directly.
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In Ontario, the landlord is responsible for fixing a broken window in a rental. The Residential Tenancies Act (RTA) requires landlords to keep the unit and building in good repair, and that duty can't be passed to the tenant in the lease. The exception is damage the tenant, someone living with them or a guest caused on purpose or through carelessness. In that case, the tenant pays.
That covers most situations, but the details matter: who broke it, how, and what your municipality's property standards say. This guide walks through the rules, a quick who-pays table, and what tenants and landlords should do, in order. It is general information, not legal advice.
What the law says
Two sections of the RTA do most of the work, and the Landlord and Tenant Board (LTB) explains both in its Interpretation Guideline 5.
The landlord's duty (s.20). "A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards." That applies even if the tenant knew about the problem before signing the lease.
The tenant's duty (s.34). "The tenant is responsible for the repair of any undue damages to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, other occupants of the rental unit or persons who are permitted in the residential complex by the tenant."
No contracting out. Landlords cannot shift their maintenance obligations to tenants through the lease. A clause saying "tenant is responsible for all windows" doesn't change who has to fix a storm-cracked pane.
This affects a lot of people. Toronto alone has 557,975 renter households, 48% of all households.
Who usually pays: common scenarios
The key question is always the same: did the tenant, a household member or a guest cause it wilfully or negligently? If not, it's the landlord's repair.
| What happened | Usually pays | Why |
|---|---|---|
| Storm, hail, falling branch | Landlord | Not caused by the tenant; s.20 repair duty |
| Break-in or vandalism by a stranger | Landlord | Not the tenant's conduct; contents are the tenant's own insurance matter |
| Fog between the panes (failed seal) | Landlord | Age and weathering; ordinary maintenance |
| Crack that appeared on its own, e.g. a cold morning thermal crack | Landlord, usually | Not caused by the tenant, unless something the tenant did clearly caused it |
| Stripped crank, broken balance, lock that won't catch from normal use | Landlord | Wear and tear is maintenance |
| Tenant's guest breaks a window during a party | Tenant | s.34 covers people the tenant lets in |
| Ball, hockey stick or furniture through the glass | Tenant, if careless | Negligent conduct; depends on the facts |
| Glass broken deliberately (anger, forced entry by the tenant after a lockout) | Tenant | Wilful conduct |
Where it's genuinely unclear, such as an accident that might or might not be "negligent", the tenant and landlord can agree, or either can take it to the LTB.
Toronto's property standards: what a rental window must meet
Most detailed standards live in municipal property standards by-laws. Toronto's is Municipal Code Chapter 629, and it is specific about windows and doors:
| Section | Requirement |
|---|---|
| §629-21.A(1) | Exterior door and window openings "maintained in a weather-tight condition to prevent drafts or leakage" and protected against pests |
| §629-21.A(3) | "All exterior doors, windows, skylights and basement hatchways, including storm and screen doors and storm windows, shall be maintained in good repair and free from defects and missing components" |
| §629-21.B | Openable windows in a dwelling unit fitted with screens "maintained in good repair" |
| §629-21.C | Openable windows and exterior doors "capable of being locked or otherwise secured from inside" |
| §629-21.D | Glazing kept "reasonably clean in order to permit unimpeded visibility" |
| §629-24 | Vacant buildings: boarding must be plywood at least 12 mm thick, fastened with nails at least 50 mm long spaced no more than 150 mm apart |
So in Toronto a cracked pane, a fogged unit that leaks, a missing screen, a crank that won't open the window or a lock that doesn't lock can each be a property standards issue, not just an inconvenience. Other GTA municipalities have their own property standards by-laws; check yours for the exact wording. Our hardware guide covers the locks, hinges and weatherstripping side.
If you're the tenant: what to do, in order
- Make it safe. Put on shoes and gloves, keep children and pets out of the room, and pick up large pieces carefully. Don't tape up a cracked tempered pane in a door and keep using the door; tempered glass can let go all at once. Our first-hour guide has the full checklist.
- Photograph everything. The glass, the frame, anything on the floor, and anything that shows how it happened (a branch, a rock, pry marks).
- Tell the landlord in writing. Email or text is fine; keep a copy. The LTB treats notice as important, and best practice is written notice. The City of Toronto gives the same advice: ask for the repairs in writing.
- Report a break-in to police if that's what happened, and keep the report number for both insurers.
- Give the landlord a reasonable time. A broken exterior window in winter, or one that leaves the unit unsecured, is urgent. A fogged unit is not.
- Escalate if nothing happens. In Toronto, if the landlord hasn't resolved the issue within a reasonable time, call 311 and the City can investigate. Buildings with three or more storeys and 10 or more units are also covered by RentSafeTO; condos, townhomes and basement or main-floor units in a house are not.
- Apply to the LTB if needed. The Board can order the landlord to do specific repairs by a deadline, authorize the tenant to do the repair and be repaid, reduce the rent, award compensation, and in serious cases end the tenancy. Tenants must apply within one year of the problem.
Don't simply stop paying rent. Remedies are ordered by the Board, and unpaid rent gives the landlord grounds of their own.
If you're the landlord: what to do, in order
- Secure the unit the same day if the glass is out or the unit can't be locked. A board-up is a mitigation step your insurer will expect.
- Document the cause. Photos, the tenant's account, a police report number if it was a break-in. If you think the tenant is responsible under s.34, this is your evidence.
- Get the glass replaced, not just patched. A board or poly sheet is temporary; the by-law standard is weather-tight and in good repair.
- Decide whether to claim. See the insurance notes below.
- If the tenant caused it, ask them in writing to pay, with a copy of the invoice. If they dispute it, the LTB is where it gets decided.
Insurance: the practical side
A few points matter most to landlords and tenants:
- Glass breakage is usually insured only if the building is normally occupied. Window breakage and vandalism are covered perils only in a building that is normally occupied. Ontario policy wordings commonly exclude glass breakage and vandalism while the dwelling is vacant, with no coverage after 30 consecutive days vacant without a permit. Between tenants is when this bites.
- Seal failure isn't insured. Fogging from age is wear and tear.
- Deductibles often exceed the repair. Typical deductibles run $500–$2,000, while scheduled replacement runs $150–$300 for a single pane and $350–$700 for a sealed unit. For one window, a claim often isn't worth it.
- Tenants insure their own belongings. The landlord's policy covers the building, not the tenant's contents. Check your own policy for liability cover if you caused the damage.
More detail is in our guide: does home insurance cover a broken window in Ontario?
Condo rentals: one more layer
If you rent a condo unit, your landlord is the unit owner, and you deal with them, not the condo corporation. Behind the scenes, the owner and the corporation sort out who repairs the glass: corporations generally repair common elements, and the declaration can change the default split. Our condo window guide explains that side.
What we'd do
When a landlord, property manager or tenant calls us about a broken rental window, we secure the opening first, with a 24/7 board-up if needed, then measure for replacement glass. Where the frame is sound, we replace only the glass or sealed unit, which keeps the cost down for whoever is paying. We supply an itemized invoice that works for insurance and for any landlord-tenant paperwork. For an after-hours break, our emergency line is 647-803-2730.
Next step
Whoever ends up paying, the first job is to make the opening safe and weather-tight. See our broken window repair service or request a free quote with photos of the damage.