Landlord and tenant money disputes: LTB or Small Claims?

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 with a money claim against a former tenant must apply to the LTB. The deadline is 1 year after the tenant moved out. The application form is the L10. The LTB can order payment up to the Small Claims Court limit: now $50,000.

For tenants

A tenant with a money claim against a landlord applies to the LTB with a T form. Form T1 is for a rebate. Form T2 is about tenant rights. Form T6 is about maintenance. 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. The RTA can exempt this arrangement.
• A claim between roommates. A tenant who lets another person share the unit is not that person's landlord under the RTA.
• 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 are different from court fees. A tenant application (T1, T2, T6) costs $53, or $48 through the Tribunals Ontario Portal. A landlord application (L1, L2, L10) costs $201, or $186 through the portal.

Common mistakes

• Do not file a residential rent claim in Small Claims Court. The court has no jurisdiction over 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 does not allow them. 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.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines