Make ThemPay.

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

The roommate left. The rent did not.

A roommate who leaves without paying their share owes you a debt. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). In most cases the Landlord and Tenant Board does not decide roommate disputes, because a roommate is not the other roommate's tenant [VERIFY Residential Tenancies Act, 2006, s. 5 and the definition of tenant]. If a true landlord and tenant relationship exists between you, the Board decides instead.

Check your claim, free Write the demand letter

What you have to show

  1. 1. The deal: the lease, the sublet, or the texts that set each person's share.
  2. 2. What the roommate owed for rent and bills, month by month.
  3. 3. What the roommate paid, and the balance still owing after any credits.

Documents that help

  • • The lease and any roommate agreement.
  • • Texts or emails about the share of rent and bills.
  • • Bank records and e-transfers that show who paid what.
  • • The utility bills and the rent receipts for the months in dispute.

The route

Check the forum first. If you share the unit with the owner, get advice on whether the Residential Tenancies Act, 2006 applies [VERIFY RTA s. 5 exemptions]. If Small Claims Court applies, send a demand letter with one date. Then file a Plaintiff's Claim (Form 7A) with the ledger attached (rule 7.01(2)) and pay $108 (O. Reg. 332/16, as stored 2026-01-06).

Deadline. 2 years from the day the roommate missed the payment, or from the day you knew they would not pay (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

Can I take my roommate to Small Claims Court in Ontario?
Yes, in most cases. A roommate who did not pay their agreed share owes you money, and Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The Landlord and Tenant Board does not decide a dispute between two roommates, because neither is the other's tenant [VERIFY RTA s. 5 and the definition of tenant]. Send a demand letter first.
Is my roommate my tenant under the Residential Tenancies Act?
In most cases, no. If you both signed the lease, you are co-tenants of the landlord. If your roommate is not on the lease, they are an occupant, not your tenant [VERIFY RTA definitions]. A person who shares a kitchen or a bathroom with the owner or the owner's family member can be exempt from the Act [VERIFY RTA s. 5(i)]. Get advice if the setup is not clear.
Can I sue my roommate for unpaid utilities and bills?
Yes, if the roommate agreed to pay a share. The agreement can be in the lease, in a roommate contract, or in texts. Claim the unpaid share, with the bills attached (rule 7.01(2)). Claim prejudgment interest from the day each bill was due (Courts of Justice Act s. 128). Keep the total at $50,000 or less (O. Reg. 626/00 s. 1).
What if the landlord sues me for the rent my roommate did not pay?
Co-tenants on one lease are often each responsible to the landlord for the full rent [VERIFY]. If you pay the landlord, you can claim the roommate's share back from the roommate in Small Claims Court. If the landlord starts a claim at the Landlord and Tenant Board, respond there, and keep every record of what you paid. The two claims are separate.

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.