Suing a Tenant for Unpaid Rent: A Landlord's Perspective

A landlord dealing with unpaid rent is usually thinking about two things at once: getting the rent that's owed, and dealing with the tenancy itself. It's worth treating these as two separate problems, because they don't always run through the same process.

Two separate problems, easy to blur together

Ending a tenancy and recovering money owed are related but legally distinct questions. Matters connected to an active tenancy — including rent arrears while the tenancy continues — are generally handled by the Landlord and Tenant Board, which has its own specialized process built specifically around residential tenancies.

While the tenancy is still active

If a tenant is behind on rent but still living in the unit, this generally falls within the Landlord and Tenant Board's role rather than Small Claims Court's. See landlord and tenant-related claims for the fuller explanation of this distinction.

Once the tenancy has ended

Once a tenancy has genuinely ended — the tenant has moved out — some money disputes connected to it may shift toward fitting Small Claims Court more naturally, depending on the specifics and timing involved. The timing question has a fairly specific answer: see landlord suing a tenant for the one-year window that generally governs when the Landlord and Tenant Board versus Small Claims Court applies to a former tenant.

Where the deposit fits in

Deposits and last month's rent connected to a residential tenancy often fall within the Landlord and Tenant Board's role as well, given how closely they connect to the tenancy itself. Don't assume Small Claims Court automatically applies just because the tenancy has ended — confirm the correct forum for your specific situation.

Former tenants who are hard to locate

A common practical problem for landlords is a former tenant who moves out owing money and becomes difficult to locate afterward. See finding an address to serve court papers for how to approach this if it applies to your situation.

Why landlord record-keeping matters so much

Whichever process ultimately applies, clear records — the lease, a ledger of rent paid and owed, and written communication with the tenant — make any dispute significantly easier to pursue. Keep these records current throughout a tenancy, not just once a dispute has already started.

Where to go for the fuller picture

This piece is about the forum question from a landlord's side specifically. See landlord and tenant-related claims for the complete explanation.

Frequently asked questions