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

They kept the deposit.

For a residential tenancy, the Landlord and Tenant Board decides, not Small Claims Court: a former tenant files a T1 within 1 year (Residential Tenancies Act, 2006, s. 135). For a commercial lease, a vehicle, an event, or a purchase, Small Claims Court is the place, up to $50,000.

What you have to show

  1. 1. The deposit was paid and how much.
  2. 2. The terms for its return.
  3. 3. The conditions were met, or the deduction they claim is not justified.

Documents that help

  • • The agreement that mentions the deposit.
  • • Payment proof.
  • • Move-out or return inspection notes and photos.
  • • Their reasons for keeping it, in writing.

The route

Check the forum first. If Small Claims, a demand letter and then Form 7A. Name the business exactly as registered.

Deadline. Small Claims: 2 years (Limitations Act, 2002, s. 4). LTB: shorter limits apply; check them before anything else.

Questions people ask

Can a landlord keep my deposit in Ontario?
In a residential tenancy, the only deposit a landlord can collect is a rent deposit (Residential Tenancies Act, 2006, s. 105(1)). The landlord must apply the rent deposit to the rent for the last rent period (RTA s. 106(10)). A dispute about it goes to the Landlord and Tenant Board, not Small Claims Court. For a commercial lease or a business deposit, the contract sets the terms, and Small Claims Court hears the claim up to $50,000 (Courts of Justice Act s. 23).
Which court do I use to get a deposit back?
It depends on the deal. A former tenant claims a residential deposit at the Landlord and Tenant Board (Residential Tenancies Act, 2006, ss. 135 and 168(2)). A deposit for goods, a service, an event, a vehicle, or a commercial lease goes to Small Claims Court, up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). Check the forum before you pay any fee.
How do I sue a business for a deposit in Small Claims Court?
Send a demand letter with one date to pay. If you paid by credit card, ask the card issuer about a chargeback first. Then file a Plaintiff's Claim (Form 7A), attach the agreement and the payment proof (rule 7.01(2)), and pay $108 (O. Reg. 332/16, as stored 2026-01-06). Name the business by its exact legal name. Serve the claim within 6 months (rule 8.01(2)).
How long do I have to claim a deposit back?
In Small Claims Court, 2 years from the day you knew the deposit would not come back (Limitations Act, 2002, s. 4 and s. 5). At the Landlord and Tenant Board, shorter limits can apply. A landlord's claim against a former tenant must start within 1 year after the move-out (RTA ss. 87(1.1) and 89(1.1)). A former tenant's claim for money the landlord kept has the same 1-year limit (RTA s. 135(4)). Check the limit for your forum before anything else.

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. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.