Small Claims Court for Landlords: When to Use It Instead of the LTB
The LTB handles most money claims between landlords and tenants, but it isn’t the only option. Small Claims Court can be the better choice in some situations. Here is how to decide.
Key points
- Small Claims Court handles claims up to $50,000.
- The LTB can order amounts up to the same limit.
- An L10 against a former tenant must be filed within one year of move-out.
- Licensed paralegals can represent you in both forums.
Before you file in Small Claims, ask whether it’s worth it. Most of the time, the amount owed doesn’t justify the cost of collecting. Book a free 20-minute call and we’ll tell you honestly whether yours does.
Book a free 20-minute call →Choosing the right forum early saves time and protects your claim.
What the LTB handles
The LTB decides claims under the Residential Tenancies Act: unpaid rent from current tenants (L1 or L9), damage (L2), and money a former tenant owes (L10). An L10 must be filed within one year after the former tenant moved out. See L10: recover rent from a former tenant.
When Small Claims makes sense
- The L10 one-year deadline has passed. Whether a court claim is still possible depends on the facts and limitation periods, so get advice on your dates.
- The claim isn’t covered by the Residential Tenancies Act.
- The person you are claiming against was never your tenant, such as a guarantor.
Don’t split one claim between the LTB and court, and don’t pursue the same claim in both.
Not sure where to file? Book a free 20-minute call.
Book a free 20-minute call →Side by side
| LTB | Small Claims Court | |
|---|---|---|
| Limit | Small Claims limit, currently $50,000 | $50,000 |
| Former tenant deadline | One year after move-out (L10) | Depends on the claim and limitation periods |
| Hearing format | Usually video | Settlement conference, then trial if needed |
| Who can represent you | Licensed paralegal or lawyer | Licensed paralegal or lawyer |
Collecting after you win
Neither forum collects the money for you. An LTB order for money is enforced through the Small Claims Court, for example by garnishing wages or bank accounts. See wage garnishment after an LTB order.
Frequently asked questions
What is the Small Claims Court limit in Ontario?
$50,000.
How long do I have to file an L10?
Within one year after the former tenant moved out.
Can I sue a former tenant in Small Claims Court?
Sometimes, for example for claims not covered by the Act or against a guarantor. If the L10 deadline has passed, get advice on whether a court claim is still possible.
Can a paralegal represent me in Small Claims Court?
Yes, for claims within the Small Claims limit.
How do I collect on an LTB order?
Through the Small Claims Court, for example by garnishment.
About Robert Di Lisi
Robert is a paralegal licensed by the Law Society of Ontario and co-founder of Stonegate Legal Services, a landlord-only firm. He leads client intake and speaks at landlord seminars across the GTA. Like the rest of the team, he is a landlord himself.
Owed money by a tenant?
We act only for landlords. Flat-fee pricing, quoted up front, and every hearing handled online.
Book your free 20-minute call →or call 416-937-2766We represent landlords across Ontario, including Toronto, Mississauga, Brampton, Hamilton, Ottawa, Vaughan, Markham, Oakville and London.
