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.
The Landlord and Tenant Board has exclusive jurisdiction over claims against former tenants for issues such as unpaid rent, damages, utility costs, and other money owed under the tenancy. Once a tenant has vacated the rental unit, the landlord has 1 year from the date the tenant vacated the unit to file an L10 Application with the Board. Waiting 3 years to locate the tenant means you are now outside the Board’s limitation period. Small Claims Court also has limitation periods and will refuse the claim if the matter should have been brought before the LTB or if too much time has passed. This is why landlords should take legal action as soon as possible after a tenant vacates the property.
Yes, this is correct. The Landlord and Tenant Board has exclusive jurisdiction to hear claims against former tenants for unpaid rent, damages, utility costs, and other money owed under the tenancy. If the tenant moved out, the landlord has up to 1 year from the date the tenant vacated the unit to file an application with the Board. The application used in this situation is the L10 Application, which allows landlords to claim unpaid rent or compensation, NSF cheque charges, unpaid utility bills such as heat, electricity, or water, costs for damage to the rental unit, and costs caused by substantial interference with the landlord’s reasonable enjoyment or lawful rights by the former tenant or their guests or occupants. Because limitation periods and jurisdiction are very important, landlords should act quickly once a tenant vacates the property.
The Landlord and Tenant Board decides landlord-tenant disputes and can issue payment orders, but it does not enforce collection for you. Once you receive a payment order, enforcement often happens through the Small Claims Court. This is where methods of enforcement like garnishment, debtor examinations, and writs of seizure may be used. Think of the LTB as the place where you get the order, and Small Claims Court as the place where you enforce collection if the tenant does not pay, otherwise you may try contacting a collections agency to collect the money on your behalf.
As of September 1, 2021, landlords can file an application for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out their new residential address to be able to serve them.
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. You no longer have to file with the Small Claims Court to deal with the non-payment of utilities. As of September 1, 2021, section 88.2 of the Residential Tenancies Act allows landlords to file an application for failure to pay for utility costs with the LTB up to one year after the tenant moves out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out their new residential address to be able to serve them.