While the Landlord and Tenant Board handles most landlord-tenant disputes in Ontario, there are situations where Small Claims Court is the appropriate — or only — avenue for landlords to recover money owed by tenants. Small Claims Court in Ontario can hear claims for up to $35,000 and provides enforcement tools that the LTB does not directly offer, including wage garnishment, bank seizure, and writs of seizure and sale.
Ontario Eviction Services helps landlords prepare, file, and present Small Claims Court cases. We ensure your claim is properly documented, filed in the correct jurisdiction, and supported by the evidence needed to succeed at the settlement conference and trial.
Small Claims Court Filing Fees and Costs
The following table provides a comprehensive breakdown of all fees associated with a Small Claims Court claim in Ontario:
| Fee Type | Electronic Filing | In-Person Filing | Notes |
|---|---|---|---|
| Plaintiff's Claim (filing fee) | $102 | $132 | Initiates the court action |
| Defendant's Claim (counter-claim) | $73 | $73 | If the tenant counter-sues |
| Default Judgment Request | $35 | $55 | If tenant does not file a defence within 20 days |
| Request for Assessment | $35 | $55 | Assessment of damages on default |
| Motion (for orders) | $40 | $55 | Any pre-trial or post-judgment motion |
| Garnishment (filing) | $35 | $55 | To garnish wages or bank accounts |
| Writ of Seizure and Sale | $35 | $55 | To seize property or register a lien |
| Examination of Debtor | $35 | $55 | Compel debtor to disclose assets/income |
| Process Serving | $50 - $150 | Professional process server for claim documents | |
When to Use Small Claims Court vs. the LTB
Understanding when to use Small Claims Court versus the LTB is important for landlords. Here is a detailed breakdown:
| Situation | Best Venue | Why |
|---|---|---|
| Current tenant not paying rent | LTB (L1) | LTB can order eviction + arrears |
| Former tenant owes rent (within 1 year) | LTB (L9) or Small Claims | L9 is faster; Small Claims if also claiming damage |
| Former tenant owes rent (over 1 year) | Small Claims Court | L9 deadline has passed |
| Property damage by tenant | Small Claims Court | LTB generally does not award damage claims |
| Enforcing an unpaid LTB order | Small Claims Court | Required to access enforcement tools |
| Unpaid utilities not covered by LTB | Small Claims Court | LTB only handles rent under the RTA |
| Breach of lease causing financial loss | Small Claims Court | Contract claims beyond LTB jurisdiction |
| Combined rent + damage claims | Small Claims Court | One filing covers all claim types |
How to File a Small Claims Court Claim — Step by Step
Step 1: Determine the Correct Court Location
In Ontario, Small Claims Court claims are generally filed in the court location closest to where the defendant lives or where the cause of action occurred (the rental property address). Filing in the wrong location can result in the claim being transferred, which adds weeks to the timeline.
Step 2: Prepare the Plaintiff's Claim
The Plaintiff's Claim form requires a clear description of the facts, the legal basis for the claim, and the amount being sought. For landlord claims, this typically includes a chronological summary of the tenancy and the dispute, the specific amounts owing (rent arrears, damage costs, cleaning costs), reference to the lease agreement and applicable RTA provisions, and a list of supporting documents you will rely on at trial.
Step 3: File and Pay the Fee
Claims can be filed electronically through the Ontario Small Claims Court e-filing portal or in person at the courthouse. The filing fee is $102 electronically or $132 in person. Electronic filing is faster and less expensive.
Step 4: Serve the Defendant
The claim must be properly served on the defendant (the tenant) within 6 months of filing. Service can be done by a process server, by mail with an acknowledgment of receipt, or personally by anyone over 18 who is not a party to the claim. You must file proof of service with the court.
Step 5: Wait for Defence
The defendant has 20 days to file a defence. If no defence is filed, the landlord can request a default judgment — the court grants the full amount claimed without a trial. This is one of the fastest ways to obtain an enforceable judgment.
Step 6: Settlement Conference
If a defence is filed, the court schedules a mandatory settlement conference where a judge or deputy judge reviews the case and attempts to help the parties reach a settlement. Many landlord claims are resolved at this stage. If no settlement is reached, the case proceeds to trial.
Step 7: Trial
At trial, both parties present their evidence and arguments. The judge issues a judgment, which may include an order for the defendant to pay the claim amount plus costs and pre-judgment interest.
Types of Landlord Claims in Small Claims Court
Unpaid Rent
When a former tenant owes rent and the LTB's L9 deadline has passed (or the landlord prefers the Small Claims process), the landlord can file a claim for the full amount of rent arrears up to $35,000. Evidence needed includes the lease agreement, rent ledger, bank records showing missed payments, any demand letters sent, and the N4 notices served.
Property Damage
Small Claims Court is the primary venue for recovering property damage costs. The LTB generally does not award significant damage claims. Evidence should include move-in and move-out inspection reports with photographs, repair invoices and contractor estimates, replacement cost documentation, and photographs comparing the condition at move-in versus move-out.
Enforcing LTB Orders
An LTB order for rent arrears that remains unpaid can be filed with Small Claims Court for enforcement. Once filed, the court's enforcement mechanisms (wage garnishment, bank seizure, examination of debtor) become available. Learn more about rent collection strategies.
Enforcing a Small Claims Court Judgment
Winning a judgment is only half the battle — collecting the money requires enforcement action if the defendant does not voluntarily pay. Ontario landlords have several enforcement options:
- Garnishment of wages — Up to 20% of the debtor's net wages. Requires knowing the debtor's employer.
- Garnishment of bank accounts — Funds in the debtor's bank can be seized. Requires knowing the debtor's financial institution and branch.
- Examination hearing — The court orders the debtor to appear and disclose their assets, income, employer, bank accounts, and other financial information under oath. This is often the essential first step in enforcement when you do not know the debtor's financial details.
- Writ of seizure and sale — Personal property can be seized by the Sheriff. The writ can also be registered against real property owned by the debtor in Ontario, preventing them from selling or refinancing without satisfying the debt.
- Lien on real property — The judgment can be registered as a lien against any real property the debtor owns in Ontario
Judgments are valid for 6 years and can be renewed for an additional 6 years. Our collections services include judgment enforcement to ensure you actually receive the money you are awarded. For landlords dealing with tenant disputes that may require court action, contact us early to preserve your rights and evidence.
Small Claims Court for Property Managers
Property management companies managing large portfolios often need to file multiple Small Claims Court cases simultaneously for rent arrears and property damage across different properties. Ontario Eviction Services handles bulk filings for property managers in Toronto, Mississauga, Ottawa, and across Ontario, with portfolio-level tracking and reporting.