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

The tenant left. The damage stayed.

A landlord's claim against a former tenant for damage or unpaid rent goes to the Landlord and Tenant Board, not Small Claims Court [VERIFY RTA ss. 87, 89]. The Board can order up to $50,000, the Small Claims Court limit [VERIFY RTA s. 207; O. Reg. 626/00 s. 1]. The landlord files Form L10 within 1 year after the tenant moved out [VERIFY RTA s. 87(1.1)]. Small Claims Court applies only where the Residential Tenancies Act, 2006 does not: a commercial lease, or an exempt shared living arrangement [VERIFY RTA s. 5].

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 within 1 year after the tenant moved out [VERIFY RTA s. 87(1.1)]. Ontario allows no damage deposit, and the rent deposit applies only to the last rent period [VERIFY RTA ss. 105 and 106]. Small Claims Court applies only if the Residential Tenancies Act, 2006 does not cover the arrangement [VERIFY RTA s. 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: 1 year after the tenant moved out [VERIFY RTA s. 87(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 [VERIFY RTA ss. 87 and 89]. The Board can order up to the Small Claims Court limit of $50,000 [VERIFY RTA s. 207]. Small Claims Court hears the claim only where the Act does not apply, such as a commercial lease [VERIFY RTA s. 5].
What is the deadline to file an L10 against a former tenant?
1 year after the tenant moved out [VERIFY RTA s. 87(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 with the Landlord and Tenant Board with your ledger and your photos [VERIFY the LTB form and fee].
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 [VERIFY RTA ss. 105 and 106]. A landlord who kept a rent deposit for damage faces a claim by the tenant at the Board. Claim the damage cost itself at the Board on Form L10 [VERIFY], 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 shared a kitchen or a bathroom with you [VERIFY 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?
You can file a money order of the Landlord and Tenant Board with the Small Claims Court and enforce it as a judgment [VERIFY RTA s. 207]. The enforcement tools then apply: garnishment of wages 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. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.