Make ThemPay.

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 an L10 [VERIFY form and the 1-year limit]. For a commercial lease, a vehicle, an event, or a purchase, Small Claims Court is the place, up to $50,000.

Check your claim, free Write the demand letter

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.

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 a landlord keep my deposit in Ontario?
In a residential tenancy, no damage deposit is allowed [VERIFY Residential Tenancies Act, 2006, s. 105]. A landlord can hold a rent deposit and must apply it to the last rent period [VERIFY RTA s. 106]. 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 residential tenancy deposit goes to the Landlord and Tenant Board under the Residential Tenancies Act, 2006 [VERIFY]. 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 [VERIFY RTA s. 87]. 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. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.