Landlord and Tenant-Related Claims

Rental disputes sit at an important fork in Ontario's court system: some belong in Small Claims Court, and others belong before the Landlord and Tenant Board, which has its own specialized process for many residential tenancy issues. Getting this distinction right before you file anywhere saves significant time and effort.

Two different forums for two different questions

Generally speaking, the Landlord and Tenant Board handles matters connected to an ongoing or recently ended residential tenancy itself — things like eviction, rent arrears during an active tenancy, or maintenance obligations under a tenancy agreement. Small Claims Court, by contrast, tends to handle certain money disputes connected to a tenancy that fall outside the Board's specific processes. The line between them isn't always obvious, which is exactly why it's worth checking before filing anywhere.

What tends to fit in Small Claims Court

Some rental-related money disputes can fit within Small Claims Court's role, particularly those that don't directly concern an active tenancy — for example, certain disputes about property damage after a tenant has moved out, or disputes that don't fall within the Landlord and Tenant Board's specific jurisdiction. Because this line can be genuinely technical, it's worth using the eligibility tool and, for anything significant or unclear, getting a professional opinion on which forum actually applies to your specific situation.

What generally belongs at the Landlord and Tenant Board

Matters connected to an active or recently active tenancy — eviction, rent arrears while a tenancy is ongoing, and many maintenance or habitability issues — are generally handled by the Landlord and Tenant Board rather than Small Claims Court, since the Board has its own specialized rules built around residential tenancies specifically.

Deposit and last month's rent disputes

Disputes about deposits or last month's rent connected to a residential tenancy often fall within the Landlord and Tenant Board's role rather than Small Claims Court's, given how closely they connect to the tenancy itself. If you're facing a dispute like this, it's worth confirming the correct forum specifically, since filing in the wrong one wastes the filing fee and the time invested.

Damage claims after a tenancy has ended

Once a tenancy has fully ended, some disputes about damage or unpaid amounts may shift toward fitting Small Claims Court more naturally, depending on the specifics and timing involved. This is another area where the line can be genuinely fact-specific, and confirming the right forum before filing is worth the extra care.

Suing a former tenant or landlord

Whether you're a landlord pursuing a former tenant, or a tenant pursuing a former landlord, the same forum question applies: does this dispute connect closely enough to the tenancy itself to fall under the Landlord and Tenant Board's role, or does it fit Small Claims Court instead? Working through this before filing avoids losing time and fees to the wrong forum.

When an issue could fit either forum

Some situations genuinely sit in a grey area, particularly where a dispute has elements connected to the tenancy itself and elements that seem more general. When you're genuinely unsure, this is a good situation to get a brief professional opinion on, given how much time and cost can be wasted by filing in the wrong place.

Evidence that matters most in these disputes

• The lease or tenancy agreement itself, along with any amendments.
• Move-in and move-out condition documentation, including photos.
• A clear record of deposits, rent payments, and any amounts still outstanding.
• Written communication between landlord and tenant about the issue in dispute.
• Any prior decisions or filings connected to the same tenancy, if applicable.

Common mistakes

• Filing in Small Claims Court for a matter that belongs at the Landlord and Tenant Board, wasting time and the filing fee.
• Not documenting the unit's condition at move-in and move-out, making damage disputes harder to prove later.
• Confusing a security deposit issue with a straightforward damage claim when they may need to be handled differently.
• Waiting too long after a tenancy ends to pursue an outstanding issue, risking limitation period problems.

Frequently asked questions