Landlord Suing a Tenant in Small Claims Court

This page looks specifically at the landlord's side of pursuing a tenant for money — a more detailed, practical walkthrough than our general jurisdiction overview. For the broader explanation of how Small Claims Court and the Landlord and Tenant Board (LTB) divide up rental disputes, start with landlord and tenant-related claims — this page assumes that context and goes deeper into the landlord-specific timing question.

A companion to our general landlord-tenant guide

The short version: which forum applies to a landlord's claim against a tenant depends heavily on timing — specifically, whether the tenancy is still active, and if not, how long ago it ended. Getting this wrong isn't a minor technicality; claims filed at the wrong forum are routinely dismissed for lack of jurisdiction, even when filed in good faith.

While the tenancy is still active

While a tenant still occupies the unit, the LTB generally holds jurisdiction over rent arrears and most other money disputes connected to that tenancy. A landlord who attempts to pursue an active tenant for unpaid rent in Small Claims Court generally needs to go through the LTB process instead — see how Small Claims Court works for the general distinction between this court's role and other tribunals.

The one-year window for a former tenant

Once a tenant has moved out, a landlord generally has a one-year window from the move-out date to apply to the LTB against that former tenant, using an L10 application. This window — and which forum applies before and after it closes — comes from the Residential Tenancies Act's own provisions on claims against former tenants. Note the exact date your tenant moved out; it's the single most important fact for this question.

After the window closes

Once that one-year window has passed, Small Claims Court generally becomes the available route for a straightforward money claim against the former tenant — for example, damage to the unit beyond normal wear and tear, or unpaid rent — provided the amount falls within the court's monetary limit. Because courts have sometimes dismissed landlord claims even where the LTB's window had technically closed, confirm your specific timeline and claim type carefully, including with a paralegal or lawyer if there's any doubt, before filing.

What a landlord typically claims

• Damage beyond normal wear and tear — see property damage for how this kind of claim is generally built and proven.
• Unpaid rent that fell outside the LTB's one-year window, or that otherwise wasn't addressed there.
• Other amounts owed under the tenancy agreement, documented against the lease's actual terms.

What to gather before filing

• The signed lease or tenancy agreement.
• The confirmed date the tenant moved out, and how you know it.
• Move-out condition documentation — photos, an inspection report, or repair invoices.
• A record of rent payments and any outstanding balance.
• Any prior LTB application or order connected to this tenancy, if one exists.

Common mistakes

• Filing in Small Claims Court while the tenancy is still active, rather than using the LTB process required at that stage.
• Missing the one-year L10 window without realizing Small Claims Court becomes the relevant route afterward.
• Treating normal wear and tear as damage, which generally isn't recoverable.
• Not documenting the unit's condition at move-out, making a damage claim much harder to prove later.

Frequently asked questions