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In our experience, it is rare to see a landlord who has successfully sued a former tenant in Small Claims Court for the Sheriff’s enforcement fees (as well as Landlord and Tenant Board application fees).

If your tenant is not employed, and receives their income from social assistance and/or pension payments, then they are exempt from having their income garnished due to the Wages Act.

If the tenant has vacated the rental unit, the landlord may file a claim in Small Claims Court to recover compensation for damages to the unit. However, in order to file a claim in Small Claims Court you will have to find out their new residential address to be able to serve them with the claim. Here is a link to information on the Small Claims Court process: http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/

If your tenant is still living in your rental unit, you will have to proceed to the Landlord and Tenant Board to obtain an order of eviction and an order for the arrears of rent. To claim for utilities you will have to file a claim in Small Claims Court because the Landlord and Tenant Board does not deal with non-payment of utilities. However, if your tenant has already moved out, then you would have to claim for both the arrears of rent and utilities in Small Claims Court only.

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