How Much Can I Ask My Tenant to Clean The Unit When They Move Out?
If you hang out in any online groups for landlords in Ontario, you know one of the most contentious issues is how much or little a tenant has to clean the unit when they leave. As landlords, we understandably want to minimize the work we have to do between tenants, but when is it going too far?
Part of the confusion has to do with the fact that the state of the unit on move-out is not specifically covered under the Residential Tenancies Act (RTA). The only part mentioned in the RTA is the tenant’s responsibility to clean the unit. It does not specify a standard of cleanliness beyond what ordinary people would consider reasonable, and that the tenant is responsible for any damages that don’t fall under wear and tear.
The commonly used “broom-swept” term is defined in case law, and not in the RTA itself. The Landlord and Tenant Board does offer a better definition of tenant responsibilities for cleanliness in this brochure, but it does not go far beyond what is already written in the RTA.
The Ontario law firm Iler Campbell defines “broom-swept” as removing all personal items, cleaning up surface messes from countertops and appliances, as well as cleaning floors and making sure dust is removed from surfaces.
Give Your Tenants a Move-Out List
Your tenants aren’t mind-readers. If you want them to do something specific, you have to ask them. Before you write your list, keep in mind that tenants don’t have to do anything on it with the exception of anything that involves leaving the unit in “broom-swept” condition. You’ll also want to calibrate it based on how good your relationship with the tenant is, and don’t make it more than a single page.
Reasonable asks:
-Make sure all lights and appliances are turned off when they leave
-Transfer any utility bills to your name
-Run self-clean on oven if it has an automatic setting and sweep out debris from bottom of oven
-Do a quick clean of kitchen and bathroom cabinets after they pack
-Wash shelves/crispers in fridge
-Replace broken fixtures, such as light fixtures
-Remove stains from carpet or other areas
Unreasonable asks:
Note: These are based on personal experience or posts in online groups, all are real
-Cleaning behind anything heavy they have to move, such as a washing machine or fridge
-Hiring a cleaner at their expense to do a professional deep clean; although some may want to do this to save time, it can’t be a requirement
-Replacing carpet or flooring, unless it was previously agreed that the tenant damaged them and they agreed to the repair
-Repairing or replacing appliances, unless tenant has damaged them
Deliver the list in person (with the proper notice) well in advance of the move-out date so they can ask questions and let you know what items they can’t or won’t take on. Take note of any broken fixtures or ultra-stained carpet, and make sure those items are on the list, as those items don’t fall under wear and tear and are the tenant’s responsibility.
What to Do if the Tenant Hasn’t Cleaned Sufficiently According to the RTA
Usually, this isn’t a case of the bath not having the rings properly washed out; if that’s the biggest problem, clean it and move on. Most landlords hire a professional cleaner between tenants anyway, so we’re not talking about anything that doesn’t take care of. It’s not worth your time. Same thing goes with any minor oversights on the part of the tenant. They may, for example, not have noticed that a highly-placed hallway light was broken. Treat this as a cost of doing business.
If a tenant doesn’t clean the unit on move-out, there will typically be no cleaning at all and garbage left behind, as well as provable damages. If you find the unit in this condition, take a time-stamped video and pictures of all rooms and clutter, and save your receipts from any garbage/junk disposal. Then file an L10 with the LTB.
Typically, cleaning costs will not be awarded, so stick to damages and property disposal. Disposing of left-behind tenant possessions other than trash is a very tricky legal area, so make sure you are following the LTB’s instructions on this to the letter. You cannot hold back anything from the last month’s rent under the RTA, this is not considered to be a damage deposit.
You’ll want to make sure you find things that clearly belonged to the tenant (such as mail in trash addressed to them) so that the tenant can’t claim that they didn’t leave the unit in this condition. When new tenants move in, be sure to take a full video of all rooms prior to their move-in date.
Moving out is usually a hectic time for the tenant. Realistically, there’s always going to be some garbage left behind or units that aren’t up to the standard of cleanliness that the landlord would consider ordinary.
Unless the tenant has left the unit damaged and filled with garbage, it’s not really worth your time to take them to the LTB. Focus instead on getting the unit into move-in ready condition so you can quickly turnover to the next tenant, and make sure your rent is set high enough to cover incidental expenses like painting, junk removal, and everything else you have to do to run your business.
A property management firm like ours can help you with all of the above. We’re aware of what the difference is between damage and wear and tear, and can advise you on what to do if you feel like you are entitled to file an LTB claim for damages. We handle everything like this that is stressful for small landlords. Our low monthly cost more than pays for itself by giving you peace of mind – screening tenants, setting rent cost, managing problems, and collecting rents. Contact us today to find out how we can help you.


