LTB vs. Small Claims Court in Ontario

The Landlord and Tenant Board (LTB), part of Tribunals Ontario, has core jurisdiction over residential tenancy matters under the Residential Tenancies Act, 2006. This includes rent arrears, evictions, maintenance disputes, illegal entry, and most other landlord-tenant issues while a tenancy is active.

Historically, once a tenant moved out, a landlord seeking to collect rent arrears or other compensation from that former tenant generally needed to go to Small Claims Court rather than the LTB. A September 1, 2021 amendment to the RTA changed this: landlords can now file a claim at the LTB for rent arrears or compensation for up to one year after the tenant has moved out. This gives landlords a faster, LTB-based option instead of automatically needing Small Claims Court.

If you have moved out and still owe rent, or if there is a dispute about compensation, be aware the landlord may bring that claim to the LTB rather than Small Claims Court, provided it is within one year of your move-out date. If more than a year has passed, the LTB route for that claim is generally no longer available and other options, like Small Claims Court, would need to be considered.

Whichever forum applies, keep your own records -- lease, payment history, and any written communication -- since these matter regardless of which body hears the dispute.