I completed and filed the garnishment documents in the Small Claims Court to collect on an order issued by the Landlord and Tenant Board. I also have damages caused by the tenant which were not included in my LTB order, could I include them in my garnishment process?

Landlords are able to collect an amount owing based on an LTB order by filing the garnishment document with the Small Claims Court against the employer of the tenant or against a bank branch where the tenant has an active account. If the tenant is not employed but receiving social assistance from the government or a pension, you are not able to garnish this money. Another option is to engage the services of a collection agency. Contact the collection agency directly in order to learn more about their collection process.

A separate application would have to be filed to deal with the damages that were not included in the LTB order. 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. Forms can be obtained from the Landlord and Tenant Board’s website at https://tribunalsontario.ca/ltb/forms/#landlord-forms

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