Water Damage From Another Condo Unit: Who Pays?

Water leaks are one of the most common condo disputes in Ontario. Who pays depends on where the water came from, why, your condominium's declaration and by-laws, and insurance.

First steps

1. Stop the water if you can, and tell management immediately.
2. Take photos and videos of the damage and the source.
3. Tell your own insurer.
4. Keep receipts for clean-up and repairs.

Who is responsible

• The condo corporation usually repairs common elements and the standard unit, and insures the building.
• Unit owners usually insure their improvements and contents.
• Deductibles: under the Condominium Act and many declarations, the condo can charge its insurance deductible to the owner whose unit or act caused the damage, in some situations.
• Negligence: an owner or tenant who carelessly caused the leak can be sued for losses not covered by insurance.

Disputes

• Claims for money up to $50,000 can go to Small Claims Court.
• Some condo disputes, such as about records and certain nuisance issues, go to the Condominium Authority Tribunal.

Tenants

A tenant whose unit is damaged also has rights against their landlord under the Residential Tenancies Act.

Sources

• Condominium Act, 1998
• Condominium Authority of Ontario

Read next: Online Harassment: Civil Remedies in Ontario

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: white and brown concrete building · stack of books on shelf.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.