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Ontario Small Claims Court · claims up to $50,000

A commercial lease. Someone owes money.

A commercial lease dispute over a deposit, unpaid rent, or last month's rent is a money claim that Small Claims Court hears up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The Residential Tenancies Act, 2006 and the Landlord and Tenant Board do not apply to commercial premises. The Commercial Tenancies Act and the lease govern [VERIFY]. Both a tenant who wants a deposit back and a landlord owed rent use this court.

Check your claim, free Write the demand letter

What you have to show

  1. 1. The lease: the term, the rent, the deposit clause, and the end-of-term terms.
  2. 2. What was paid, what was owed, and the balance, month by month.
  3. 3. For a deposit: the condition the lease set for its return, and that you met it.

Documents that help

  • • The signed lease and any amendments or renewals.
  • • Rent ledgers, receipts, and bank records.
  • • Move-in and move-out inspection notes and photos.
  • • The notice that ended the lease, and the reply.
  • • Letters or emails about the deposit or the arrears.

The route

Send a demand letter with one date to pay. Then file a Plaintiff's Claim (Form 7A) with the lease and the ledger attached (rule 7.01(2)) and pay $108 (O. Reg. 332/16, as stored 2026-01-06). Name the corporation on the lease, and any person who signed as a guarantor. The other remedies of a landlord under the Commercial Tenancies Act, such as distress, have their own rules [VERIFY Commercial Tenancies Act].

Deadline. 2 years from the day the deposit was due back, or from each missed rent payment (Limitations Act, 2002, s. 4 and s. 5).

From here to paid

DemandA letter with a date, free. A lawyer's letter on letterhead, $249.ClaimForm 7A filled from your answers, free. Filing Package $49. Filed for you $499.TrackService, defence, default, conference, trial: one dashboard, every deadline counted.CollectGarnishment and writs filled from the judgment. Or hand it off on contingency.

Questions people ask

Does the Landlord and Tenant Board handle commercial leases in Ontario?
No. The Landlord and Tenant Board decides residential tenancies under the Residential Tenancies Act, 2006. A store, an office, a shop, or a warehouse is a commercial tenancy under the Commercial Tenancies Act, and money claims go to court [VERIFY]. Small Claims Court hears claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). Above that amount, the Superior Court of Justice hears the claim.
Can a commercial landlord keep my deposit?
The lease decides. Ontario has no statute that limits a commercial deposit or says when it must come back; the residential deposit rules do not apply [VERIFY]. Read the deposit clause: what it secures, and when it comes back. If you met the conditions and the landlord kept it, claim it in Small Claims Court with the lease attached (rule 7.01(2)). Send a demand letter first.
Can I sue a commercial tenant who left owing rent?
Yes. Unpaid rent under a commercial lease is a debt. Sue the legal entity of the tenant, and any guarantor who signed, in Small Claims Court up to $50,000 (Courts of Justice Act s. 23). Rent arrears are a liquidated claim, so the clerk can sign a Default Judgment if no Defence is filed in 20 days (rules 9.01, 11.02). Claim interest at the lease rate or the court rate (Courts of Justice Act s. 128).
What if the tenant is a corporation with no assets?
A judgment against an empty corporation can bring you nothing. Check the Ontario Business Registry for the status. Look for a guarantor clause in the lease; a guarantor is a person you can also sue. Before you spend the $108 fee (O. Reg. 332/16, as stored 2026-01-06), use the free checker to think through collection. An examination of the debtor after judgment can find assets (rule 20.10).

Other situations

Legal information, not legal advice. Rules cited are from the Rules of the Small Claims Court, O. Reg. 258/98, and the Limitations Act, 2002. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.