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

The tenant left. The damage stayed.

A landlord's claim against a former tenant for unpaid rent or damage goes to the Landlord and Tenant Board, not Small Claims Court (Residential Tenancies Act, 2006, ss. 87(1), 89(1) and 168(2)). The Board can order payment up to the Small Claims Court limit, now $50,000 (RTA s. 207(1); O. Reg. 626/00 s. 1). The landlord files Form L10 no later than 1 year after the tenant ceased to be in possession (RTA ss. 87(1.1) and 89(1.1)). Small Claims Court applies only where the Residential Tenancies Act, 2006 does not: a commercial lease (RTA s. 3(1)), or an exempt shared living arrangement (RTA s. 5(i)).

Check your claim, free Write the demand letter

What you have to show

  1. 1. The tenancy: the lease, the move-out date, and the rent owed.
  2. 2. The damage: move-in and move-out photos, and that it was beyond normal wear.
  3. 3. The cost: repair invoices or estimates, and the rent arrears ledger.

Documents that help

  • • The lease and the notice that ended the tenancy.
  • • Move-in and move-out inspection reports with dated photos.
  • • Repair invoices and estimates.
  • • The rent ledger and any payment records.
  • • The forwarding address of the tenant, if you have one.

The route

Go to the Landlord and Tenant Board first. File Form L10 no later than 1 year after the tenant moved out (RTA ss. 87(1.1) and 89(1.1)). The only deposit allowed is a rent deposit, and it must be applied to the last rent period (RTA ss. 105(1) and 106(10)). Small Claims Court applies only if the Residential Tenancies Act, 2006 does not cover the arrangement (RTA ss. 3(1) and 5). Examples: a commercial lease, or a unit where the tenant shared a kitchen or a bathroom with you. In that case, a demand letter, then Form 7A.

Deadline. Landlord and Tenant Board: no later than 1 year after the tenant moved out (RTA ss. 87(1.1) and 89(1.1)). Small Claims Court, where it applies: 2 years from discovery (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 a landlord sue a former tenant in Small Claims Court in Ontario?
In most cases, no. A claim for rent arrears or damage against a former residential tenant goes to the Landlord and Tenant Board (RTA ss. 87(1) and 89(1)). The Board can order payment up to the Small Claims Court limit of $50,000 (RTA s. 207(1); O. Reg. 626/00 s. 1). Small Claims Court hears the claim only where the Act does not apply, such as a commercial lease or an exempt shared unit (RTA ss. 3(1) and 5).
What is the deadline to file an L10 against a former tenant?
No later than 1 year after the tenant ceased to be in possession (RTA ss. 87(1.1) and 89(1.1)). The Board can refuse a late application. A claim filed in Small Claims Court by mistake does not stop that clock, and the court can refuse it. Check the forum first, then file Form L10 (Application to Collect Money a Former Tenant Owes) with the Landlord and Tenant Board, with your ledger and your photos. The fee is $201, or $186 through the Tribunals Ontario Portal (tribunalsontario.ca, read 2026-09-14).
Can I keep the deposit of the tenant for damage?
No. Ontario allows no damage deposit. A landlord can hold only a rent deposit, and must apply it to the last rent period (RTA ss. 105(1) and 106(10)). A landlord who kept a rent deposit for damage faces a claim by the tenant at the Board. Claim the reasonable repair cost itself at the Board on Form L10 (RTA s. 89(1)), with the repair invoices attached.
When does Small Claims Court apply to a claim by a landlord?
When the Residential Tenancies Act, 2006 does not cover the arrangement. Examples: a commercial lease, or a room where the tenant had to share your kitchen or bathroom while you, the owner, lived there (RTA s. 5(i)). A claim that is not about the tenancy, such as a personal loan, also goes to court. Small Claims Court then hears the claim up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1).
How do I collect an LTB order against a former tenant?
A certified copy of the Board's money order can be filed in the Superior Court of Justice and enforced as a court order (Statutory Powers Procedure Act, s. 19(1)). Small Claims Court is a branch of that court (Courts of Justice Act s. 22(1)). The usual enforcement tools then apply: wage garnishment up to 20% (Wages Act s. 7(2); rule 20.08), a writ of seizure and sale (rule 20.06), or an examination of the debtor (rule 20.10). A fee applies to each step (O. Reg. 332/16, as stored 2026-01-06).

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.