Evidence Collection Guide for Tenants

Why Evidence Matters

The Landlord and Tenant Board exists to settle disputes fairly. But fairness depends on evidence. Without photos of water damage, you're making a claim. With timestamped photos, printed emails, and a timeline, you're building a case. The adjudicator's decision rests on what you can prove, not on what you believe happened.

Many tenants lose at the LTB not because they're wrong, but because they didn't document their issues properly. A landlord's denial against your weak evidence often wins. But strong evidence—photos, repair requests, communications—tells a story that's hard to refute.

Under the Residential Tenancies Act (RTA) s.29, when you file a T2 application (for rights violations, repairs failures, or harassment), you must prove your case. Evidence is how you prove it. Starting early—before you even need the LTB—gives you time to build a solid record.

Types of Evidence to Collect

Different types of evidence work together to build your case. You don't need just one type—collect multiple forms to show the full picture.

Photographs and Videos

Visual evidence is powerful at the LTB. Photos showing water damage, mold, broken appliances, or pest infestations speak louder than words. Videos are especially strong because they show movement, spread, or scope.

• Take photos from multiple angles so viewers see the full extent of damage
• Include close-ups of the damage and wide shots showing location in your unit
• Use your phone's date/time stamp feature (ensure your phone date is accurate)
• Take photos in natural light when possible—flash can distort colors
• Label or store photos with dates (e.g., "Mold in bathroom - March 15, 2024")

Written Communications

Emails and text messages with your landlord are critical evidence. They show what you asked for, when you asked, and how your landlord responded (or didn't).

• Screenshot all text messages—include the date and time
• Forward important emails to yourself or print them as PDF with headers visible (date, time, sender, recipient)
• Save emails showing your repair requests, your landlord's responses, and ignored requests
• Keep messages that show your landlord denying repairs or refusing to acknowledge issues

Repair Requests and Notices

Written repair requests (especially dated and kept on file) show you asked for repairs and when. This is essential for RTA s.20 (maintenance) violations.

• Send repair requests in writing (email or text) whenever possible
• Keep a copy of every repair request you send
• Note the date you sent it, how you sent it, and any response you received
• If you gave notice in person, follow up with an email: "As discussed on [date], the [issue] needs repair"

Witness Statements

If someone else saw the issue or heard conversations, their signed statement helps. This is especially useful for harassment or illegal entry claims.

• Ask a witness (friend, family, neighbor) to write down what they saw/heard, sign it, and date it
• Include their contact information so the adjudicator can verify if needed
• Keep the original signed copy

Receipts and Invoices

If you paid for repairs your landlord should have done, receipts prove the cost of the issue and your landlord's failure to maintain.

• Keep receipts for any repairs, supplies, or services you paid for
• Keep receipts for rent reductions (if you paid lower rent due to repairs)
• Document plumber/electrician invoices if you hired someone to assess a problem

Inspection Reports

Official inspections (from health departments, housing inspectors, or professional home inspectors) carry significant weight.

• If a city health inspector visited and documented violations, keep that report
• If you hired a home inspector, keep the full report and photos
• These reports often cite specific codes—very persuasive at the LTB

Photographing Your Unit

Photography is often the strongest evidence at the LTB. Here's how to take photos that actually work in a hearing.

Timing and Frequency

Take photos as soon as you notice an issue. Don't wait a week—the problem might get worse or your landlord might claim it's new. If an issue is ongoing (like mold), take photos every 2-4 weeks to show it's not improving.

Timestamp Your Photos

Timestamps are essential. Most phones automatically embed the date/time. Verify your phone's date and time are correct before taking photos. If using a camera without timestamp capability, write the date on a piece of paper and photograph it alongside the damage.

Photography Best Practices

• Wide shots first: Show the room and location of the problem
• Medium shots: Show the specific area affected
• Close-ups: Show detail of the damage or defect
• Multiple angles: Photograph from different angles so it's clear what you're seeing
• Include context: A photo of mold in a bathroom means nothing if the adjudicator can't tell which bathroom or where in the bathroom
• Show scale: Include a ruler, coin, or your hand to show size of damage

Photo Documentation Tips

Keep a simple log alongside your photos:

• Date the photo was taken
• What issue it shows
• Location in your unit (e.g., "master bedroom closet, north wall")
• Any action taken (e.g., "repair requested via email same day")

Example log entry: "March 15, 2024 - Water stain on living room ceiling, growing larger since March 8. Repair requested via email to landlord@example.com that same day. No response."

Saving Digital Communications

Text messages and emails are your most accessible evidence. Here's how to preserve them properly for the LTB.

Text Messages

Text messages often aren't formal, but they can be crucial evidence of your landlord's statements, refusals, or admissions. Always screenshot immediately.

• Screenshot every conversation with your landlord about repairs, rent, or complaints
• Include the full conversation thread so the date/time is visible
• Save screenshots with descriptive names (e.g., "Landlord_Repair_Denial_March2024.png")
• Back up screenshots to cloud storage immediately
• Print screenshots or save as PDF for your evidence binder

Email Communications

Emails are formal and carry weight at the LTB. Whenever possible, request repairs or make complaints via email so you have an automatic record.

• Use a subject line that clearly states the issue (e.g., "Repair Request: Broken Bathroom Window")
• Keep the email thread intact so recipients, dates, and all responses are visible
• Forward important emails to yourself or save as PDF to ensure you have a backup
• If your landlord replies, the thread shows your original message and their response
• PDF emails are best—they can't be altered and include all headers

Documenting Verbal Conversations

If you speak to your landlord by phone, immediately follow up with an email documenting what was said:

"Per our phone conversation on March 10 at 3pm, I requested repairs to the bathroom faucet. You said you would send a plumber by March 15. As of [today's date], no plumber has arrived."

This creates a written record of what was agreed. If your landlord disputes it, you have documentation.

Organizing Your Communications

Create a simple folder structure:

• Communications/2024/March/
• Name files by date and subject: "20240310_EmailToLandlord_RepairRequest.pdf"
• This makes it easy to find communications in chronological order
• When you build your evidence binder, organized files print in order

Building a Timeline

A clear timeline shows the LTB exactly what happened and when. This is one of your most powerful tools. Instead of saying "My landlord didn't fix the heating," you say: "Heating has been broken since January 15. I requested repairs on January 18 via email. My landlord promised to send someone by January 22. As of [today], no repairs have been made."

Creating a Master Timeline

Keep a simple document (Word, Google Docs, or even paper) listing every relevant event in chronological order:

• January 15: Noticed heating not working—temperature inside was 15°C by evening
• January 18: Sent email to landlord@example.com requesting emergency repair of heating
• January 19: Landlord replied "I'll look into it" but took no action
• January 25: Sent second repair request via email, registered mail
• February 2: Heating still not fixed. Called landlord, he said "It's being fixed" (no specifics)
• February 10: Hired home inspector—report confirms heating system is inoperable (receipt attached)
• March 5: Filed T6 application with LTB citing RTA s.20 (maintenance)

What to Include in Your Timeline

• Date of the problem (when you first noticed it)
• Dates you requested repairs (and how—email, text, in-person, registered mail)
• Your landlord's responses (if any)
• Dates of follow-up requests if the issue wasn't fixed
• Dates you documented the problem (photos, inspections, videos)
• Impact on you (health issues, lost time, money spent)

Timeline in Your LTB Application

Your timeline becomes the narrative of your application. When you write your T2 or T6 form, you'll reference this timeline. The adjudicator will see a clear picture of when the problem started, what you did to fix it, and how your landlord failed to respond.

What NOT to Do

Evidence is only useful if it's legitimate and credible. Here are critical mistakes tenants make that undermine their case:

Don't Alter or Fake Evidence

Never alter photos, fake dates on screenshots, or create false documents. If an adjudicator discovers you fabricated evidence, your entire case collapses. Even the weakest real evidence is better than any fake.

Don't Delete Communications

Once a dispute starts, preserve everything. Don't delete old text messages or emails to "clean up" your phone. Delete anything, and your landlord can claim you destroyed evidence. Save and back up instead.

Don't Share Evidence Without Copies

If you lend a photo or document to a friend or family member, keep your own copy. Hard copies get lost, phones get damaged. Maintain multiple copies (email, cloud storage, printed binder).

Don't Document Without Dating

Undated evidence is weak evidence. Always, always include the date. An adjudicator won't accept a photo of water damage if there's no timestamp showing when it appeared.

Don't Post Evidence on Social Media

Avoid posting photos or details of your dispute on Facebook, TikTok, or Instagram. Your landlord's lawyer will screenshot it and use it against you. Keep your evidence private until the LTB process.

Don't Ignore Evidence of Your Own Violation

If evidence shows you violated your lease (like causing damage yourself), it will come out anyway. Address it honestly in your application rather than hiding it.

Don't Assume Your Landlord Has Copies

You might think "My landlord saw these photos" or "They received that email." But at the LTB, you must provide your own copies. Don't rely on your landlord to have or remember documents.

Storing Your Evidence Safely

Evidence is useless if you lose it. Store everything in multiple places so a lost phone or damaged computer doesn't wipe out your case.

Cloud Backup (Essential)

Upload all photos, documents, and communications to cloud storage immediately. Use Google Drive, OneDrive, iCloud, or Dropbox. Free accounts are fine—just upload and organize.

• Create a folder structure: Evidence/Photos, Evidence/Emails, Evidence/Timeline, Evidence/Receipts
• Upload screenshots and PDFs of emails regularly
• Share the folder with a trusted family member (they can access if your account has issues)
• Take a screenshot of your cloud folder structure as backup proof of what you uploaded

Physical Binder

Create a binder of hard copies. When you file your LTB application, you'll print evidence anyway. Use that process:

• Print documents in chronological order
• Label each page with the date and type of document
• Use tabs or dividers to separate categories (Timeline, Photos, Emails, Receipts, Witness Statements)
• Print photos in color when possible
• Keep the original binder—you'll take it to your hearing

Local Backup (Computer/External Drive)

Keep a folder on your computer or external hard drive as a local backup:

• Evidence should be the most recent folder you back up
• If using an external drive, label it clearly and store safely
• Consider backing up to multiple drives (one at home, one at a trusted friend's place)

Email Backup

Forward key documents to yourself. You now have a cloud backup (your email account) with a timestamp:

• Email yourself important PDFs, screenshots, and documents
• Create a label/folder "LTB Evidence" in Gmail or Outlook to keep it organized
• This is quick, simple, and very safe

The Three-Copy Rule

For critical evidence, maintain three copies:

• Copy 1: Cloud storage (always accessible, backed up by the company)
• Copy 2: Local computer or external drive (your control)
• Copy 3: Printed in your binder (tangible proof for the hearing)

If you lose one, you have two backups. If you lose two, you have one. This protects against accidents, device failures, and data loss.

When to Start Collecting Evidence

The best time to start collecting evidence is right now—before you have a major problem. But if you already have an issue, start immediately.

Before There's a Problem

If you suspect an issue (a small water stain, a heating fluctuation, occasional mold), document it immediately. Take photos, note the date, and send your landlord an email. This creates a record from day one.

At the First Sign of a Violation

The moment you realize your landlord is violating your rights—whether it's an illegal entry, a harassment text, or a failure to repair—start documenting. Photograph, screenshot, and date everything from that moment forward.

If You're Already in Dispute

If you've been fighting with your landlord for months without documenting, start now. Document today's state, then build evidence going forward. Past events are harder to prove, but your documentation from now on will be solid.

Timeline to LTB Filing

Most issues take time to document properly. Here's a typical timeline:

• Month 1-2: Document the issue, request repairs, get responses (or lack thereof)
• Month 3: Request repairs again, document ongoing failure
• Month 4+: Compile evidence, organize timeline, file LTB application

If your landlord makes repairs during this time, wonderful—that's a win. If not, you've built an airtight case.

Emergency Situations

If your landlord locks you out, cuts utilities, or commits a serious violation (RTA s.22 emergency situations), document immediately and contact:

• Police (if safety is at risk)
• LTB emergency duty counsel (for same-day or urgent filing)
• Local tenant advocacy organization

Document emergency situations first, then worry about organizing the evidence. Safety comes first.