Small Claims Court for Landlords Ontario — Step by Step (2026)

While the Landlord and Tenant Board handles most landlord-tenant disputes in Ontario, there are situations where Small Claims Court is the better option — particularly when collecting larger debts from former tenants, enforcing existing LTB orders, or pursuing claims against third parties like guarantors. With a $35,000 claim limit and powerful enforcement tools, Small Claims Court is an essential part of the Ontario landlord's legal toolkit.

When Should Landlords Use Small Claims Court Instead of the LTB?

How to File a Small Claims Court Claim: Step by Step

Step 1: Prepare Your Claim

Complete a Plaintiff's Claim (Form 7A). Describe the facts clearly and state the amount you are claiming. Include interest if applicable (you can claim the Courts of Justice Act rate). File online through the Ontario Court's e-filing system or in person at the courthouse closest to where the defendant lives or where the rental property is located.

Step 2: Pay the Filing Fee

Step 3: Serve the Defendant

The claim must be served on the former tenant (defendant) within 6 months of filing. Acceptable service methods include personal service, courier, or leaving it with an adult at the defendant's address. You must file an Affidavit of Service (Form 8A) with the court after serving the claim.

Step 4: Wait for the Defence

The defendant has 20 days to file a Defence. If they do not file a Defence, you can request a default judgment — the court grants your claim without a hearing. This is the fastest path to a judgment.

Step 5: Attend the Settlement Conference

If the defendant files a Defence, the court will schedule a mandatory Settlement Conference. This is a meeting with a judge or deputy judge who will try to help the parties reach an agreement. Bring all your evidence — rent ledger, lease, notices, LTB orders, photos of damage — and be prepared to negotiate. Many cases settle at this stage.

Step 6: Trial

If settlement is not reached, the case proceeds to trial. Present your evidence organized chronologically. The judge will typically make a decision on the same day.

How Do You Enforce a Small Claims Court Judgment?

Once you have a judgment, you have several powerful enforcement options that are not available through the LTB alone:

• Garnishment of wages: File a Notice of Garnishment with the debtor's employer. Up to 20% of net wages will be deducted and sent to you until the judgment is paid.
• Garnishment of bank accounts: File a Notice of Garnishment with the debtor's bank. Funds in the account can be frozen and seized.
• Writ of Seizure and Sale (personal property): The Sheriff can seize and sell the debtor's personal property to satisfy the judgment.
• Writ of Seizure and Sale (land): Register a lien against real property owned by the debtor. The debt must be paid when the property is sold.
• Examination of debtor: Order the debtor to appear in court and disclose their income, assets, employer, bank accounts, and debts under oath.

Filing an LTB Order in Small Claims Court

If you already have an LTB order for rent arrears or damages, you can file it with Small Claims Court to gain access to the enforcement tools above. The process involves filing the LTB order as an enforceable court order. After filing, you can immediately use garnishment and seizure tools. This is the bridge between the LTB's limited enforcement and the court's full enforcement power.

Common Mistakes to Avoid

• Filing in the wrong court location: File where the defendant lives or where the rental property is located. Filing in the wrong location can result in the claim being struck.
• Missing the limitation period: You must file within 2 years of when the claim arose. Do not wait.
• Poor documentation: Judges expect organized evidence — a rent ledger, the lease, correspondence, and photos. Verbal testimony alone is rarely sufficient.
• Not pursuing enforcement: A judgment is just a piece of paper until you enforce it. File for garnishment or examination promptly after receiving the judgment.
• Not doing a cost-benefit analysis: If the debtor has no income and no assets, even a judgment will not produce money. Consider whether collection costs are justified before filing.

How Does Bill 60 Affect Small Claims Court for Landlords?

While Bill 60 primarily affects LTB procedures, it has indirect effects on Small Claims Court use by landlords:

• Faster LTB orders to enforce: With the appeal period reduced to 15 days, LTB orders become final sooner — meaning landlords can file them with Small Claims Court for enforcement more quickly.
• Higher arrears orders: The 50% arrears rule in L1 hearings may result in larger arrears orders, which landlords then enforce through Small Claims Court after the tenant leaves.
• More efficient pipeline: The combination of faster LTB processing and Small Claims Court enforcement creates a more efficient debt recovery pipeline for Ontario landlords.

Our rent collection service handles Small Claims Court filings and enforcement for landlords across Toronto, Ottawa, and all of Ontario. We also work with the LTB to maximize your recovery options.

Frequently Asked Questions

Sources

• Ontario — Small Claims Court Guide
• Courts of Justice Act (Ontario)
• Landlord and Tenant Board
• Bill 60 — Protecting Tenants and Strengthening Community Housing Act, 2024

Related Articles

• How to Collect Unpaid Rent After Tenant Leaves Ontario
• Cost of Filing With the Landlord Tenant Board
• What to Do When a Tenant Will Not Leave
• How to File an L1 Application Ontario