Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
To collect the outstanding rent, the landlord must first file the LTB order with the Small Claims Court. Once it is filed, the order can be enforced like any other court judgment. Common enforcement options include garnishing the tenant’s wages or bank account, placing a writ of seizure and sale against the tenant’s property, or arranging a payment plan directly with the former tenant. Landlords may also choose to work with a collection agency to recover the debit it is important to note that the LTB itself does not collect the money for the landlord. The responsibility for enforcing the order and pursuing payment rests with the landlord through the court enforcement process. For more information on the garnishment process, visit our Fact Sheet on Collections: Garnishment at RTA Fact Sheet: Collections – Garnishment – Landlord’s Self Help Centre or After judgment | Guide to procedures in small claims court | ontario.ca
If former tenants leave owing rent or utility costs and you did not obtain an order from the Landlord and Tenant Board, you may still file an L10 application to claim the unpaid amounts. This must be done within one year from the date the tenant moved out. To proceed, you will need a way to serve the tenant, such as their new address or written consent to email service. If the Board issues an order for payment, it can later be enforced through Small Claims Court to collect the debt.
Since the order is in your tenant’s name, you can only collect from her. You cannot enforce the order again her ex-husband if he was not a tenant named in the order. Further, if this tenant is on social assistance, it is impossible to collect arrears of rent based on an order as social assistance payments cannot be garnished.
No, you can only enforce and garnish the amount stated in the Landlord and Tenant Board (LTB) order that was filed with the Small Claims Court. You cannot add additional amounts, such as damages, that were not included in the order. If you want to pursue damages that were not included in the LTB order, you must file a separate application. Landlords can file an L10 Application to Collect Money a Former Tenant Owes with the LTB for damages within one year from the date the tenant vacated the rental unit.
Forms and filing information can be found on the LTB website: https://tribunalsontario.ca/ltb/forms-filing-and-fees
To enforce payment after obtaining an order from the Landlord and Tenant Board (LTB), the landlord must first file the LTB order with the Small Claims Court. Once filed, the order becomes a court judgment and can be enforced through the court’s enforcement processes. One common method is garnishment, which allows the landlord to collect money directly from the tenant’s wages or bank account by filing the appropriate garnishment documents with the Small Claims Court against the tenant’s employer or bank branch. However, income such as social assistance or certain government pensions cannot be garnished. Other enforcement options include placing a writ of seizure and sale against the tenant’s property, arranging a voluntary payment plan with the former tenant, or hiring a collection agency to pursue the debt on your behalf.
For more details on the garnishment process, you can view our Fact Sheet on Collections: Garnishment on our website at https://landlordselfhelp.com/rta-fact-sheet-garnishment/