Guides · reviewed 2026-09-04

Landlord and tenant money disputes: the LTB or Small Claims Court?

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

The Residential Tenancies Act (RTA) covers most residential rentals in Ontario. RTA disputes go to the Landlord and Tenant Board (LTB). Small Claims Court keeps the rest: commercial leases, exempt living arrangements, and claims that are not about a tenancy.

Check the correct forum before you file. A claim in the wrong forum wastes your fee while the deadlines still run.

For landlords

A landlord can apply to the LTB for rent arrears against a former tenant, but only within 1 year after the tenant moved out. The application form is the L10. The fee is $201, or $186 through the Tribunals Ontario Portal. The LTB can order payment up to the Small Claims Court limit: $50,000. If the tenant owes more than the LTB limit, you can sue in court instead. If you claim the LTB amount, you give up the rest once the LTB orders.

For tenants

A tenant with a money claim against a landlord applies to the LTB with a T form. Use a T1 for a rebate of illegal charges, a T2 about tenant rights, or a T6 about maintenance. Each costs $53, or $48 online. Examples: an illegal charge, or a rent deposit the landlord did not apply to the last rent period.

When Small Claims Court applies

  • A commercial lease: a store, an office, a shop.
  • Living space where you share a kitchen or a bathroom with the owner or the owner's family who live in the building. The RTA does not apply to that arrangement.
  • A claim between roommates over shared costs, where neither is the other's landlord. Whether the RTA applies depends on the arrangement; get advice.
  • A claim that is not about the tenancy: for example, a personal loan between a landlord and a tenant.

Deadlines and fees

  • Landlord against a former tenant at the LTB: within 1 year after move-out.
  • Small Claims Court: 2 years from discovery, in most cases.
  • LTB fees: L10 $201 ($186 online); tenant T forms $53 ($48 online).
  • The LTB updated its processes and forms on July 1, 2026. Check the LTB site before you file.

Common mistakes

  • Do not file a residential rent claim in Small Claims Court when the RTA applies. The court can refuse it, and the 1-year LTB window still runs.
  • Do not miss the 1-year window after the tenant moves out.
  • Do not collect a damage deposit. Ontario allows a rent deposit only. Read: deposits in Ontario.

When to get a lawyer

Get legal advice if you are not sure the RTA covers your arrangement. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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