Small Claims Court or the
Landlord and Tenant Board?
Two different forums handle landlord and tenant disputes in Ontario, and picking the wrong one wastes time and money. This guide draws the practical line for landlords and tenants — active residential tenancies at the Board, money claims and commercial disputes elsewhere — and tells you how to confirm where your matter belongs.
By Jonathan Kleiman, Barrister & Solicitor · Published June 2026
One of the most common — and most expensive — mistakes I see in landlord and tenant disputes has nothing to do with the merits of the case. It is filing in the wrong place. Ontario has two completely separate forums that hear landlord and tenant matters: the Landlord and Tenant Board and Small Claims Court. They look similar from the outside, but they do very different jobs, and walking up to the wrong door can cost you months and your filing fee.
The short version is this. The Landlord and Tenant Board, under the Residential Tenancies Act, has exclusive jurisdiction over most disputes that arise from an active residential tenancy — evictions, rent arrears while the tenant is still in the unit, repairs, illegal entry, and similar matters. The Board also keeps jurisdiction over certain claims against a former tenant — rent arrears and property damage — but only if the landlord applies within a statutory deadline after the tenancy ends. Small Claims Court handles money and civil claims that fall outside the Act, or that fall outside the Board's post-tenancy jurisdiction once that deadline has passed. And commercial tenancies are not a Board matter at all — they go to court.
Below I will walk through how to tell which forum your dispute belongs in, the situations I see most often, the mistakes that cost people the most, and a simple framework you can run through before you file. None of this is legal advice about your specific matter, and the line can be genuinely subtle — so my single most important recommendation is to confirm the correct forum before you spend a dollar or a day on the wrong one.
How do I know if my dispute goes to Small Claims Court or the Landlord and Tenant Board?
It is decided by four things, not the dollar amount: whether the Residential Tenancies Act applies, whether the tenancy is residential or commercial, whether the tenancy is active or ended, and — if it has ended — whether you are still inside the Board's own deadline for that type of claim. When someone asks me whether their landlord or tenant dispute is a Small Claims matter or a Board matter, I do not start with the dollar amount. I start with whether the Residential Tenancies Act applies, whether the tenancy is residential or commercial, and whether it is active or ended. Those questions decide most of it — but ending a tenancy does not, by itself, close the door to the Board.
The reason the forum matters so much is that the Landlord and Tenant Board has exclusive jurisdiction over most active residential tenancy disputes. "Exclusive" is the key word. It does not mean you get to choose between the Board and the court — it means the court generally cannot hear the matter at all, because the legislature handed it to the Board. So if your dispute is an active residential one, Small Claims Court is not an option you are leaving on the table; it is a door that is closed.
Small Claims Court, by contrast, is a money-claims forum. It hears civil disputes up to $50,000 (though the dollar amount alone is not the only test — the remedy sought and which tribunal has statutory jurisdiction over the subject matter matter too). In the landlord and tenant world, it generally comes into play when the Residential Tenancies Act is not in the picture — either because the tenancy was commercial, or because a residential tenancy has ended and the claim falls outside the Board's specific former-tenant provisions. Ending a tenancy does not, on its own, strip the Board of jurisdiction: sections 87 and 89 of the RTA let the Board order a former tenant to pay arrears or repair damage, provided the landlord applies within one year of the tenant moving out.
Get this distinction right and the rest of the process is straightforward. Get it wrong and you can spend months pushing a case in a forum that has no power to decide it, only to be told to start over somewhere else — sometimes after a deadline has quietly run out.
Why can't I just pick the forum I prefer?
Because jurisdiction is not a matter of preference. When a statute gives a tribunal exclusive jurisdiction over a category of dispute, the courts respect that boundary. A landlord who would rather deal with a judge than the Board cannot simply file an active residential matter in Small Claims Court to avoid the Board — the court will generally decline to hear it. The forum is dictated by what kind of dispute you have, not by which process feels more comfortable.
From my experience
From my experience, the landlords and tenants who get into trouble are almost never the ones with a weak case. They are the ones who guessed at the forum. I have seen a residential landlord, frustrated by an unpaid tenant, try to "sue for the rent" in Small Claims Court while the tenant was still living in the unit — and lose months before learning that arrears for a sitting tenant are a Board matter. The claim itself was perfectly good. It was simply in the wrong building.
The opposite happens too. A commercial landlord, hearing that there is a tribunal for "landlord and tenant" disputes, assumes the Board will handle a dispute over an office lease. It will not. Commercial tenancies sit entirely outside the Residential Tenancies Act, and the Board has no authority over them. That landlord needs a court, governed by the lease and the Commercial Tenancies Act, not the Board.
The cleanest cases I handle are the ones where someone pauses before filing and asks the boring question first: which forum does this belong in? That one question, answered correctly, prevents the most common and most avoidable problem in this whole area. It costs nothing to ask, and getting it wrong can cost the case.
What is the difference between the Landlord and Tenant Board and Small Claims Court?
The Landlord and Tenant Board has exclusive jurisdiction over most active residential tenancy disputes and keeps jurisdiction over certain former-tenant claims within a statutory deadline; Small Claims Court handles money and civil claims that fall outside the Residential Tenancies Act or outside the Board's post-tenancy jurisdiction. Let me set out the general framework. I will keep it hedged on purpose, because the boundaries are fact-specific and you should confirm where your particular matter lands before relying on any of it.
The Landlord and Tenant Board (the LTB). Under the Residential Tenancies Act (the RTA), the Board has exclusive jurisdiction over most disputes arising from an active residential tenancy. That covers evictions, rent arrears while the tenant is still in the unit, maintenance and repair issues, illegal entry, harassment, deposit disputes, and similar RTA matters. These generally cannot be taken to Small Claims Court instead. And critically, only the Board can order a residential eviction — no court will do that for you. The Board's reach also extends past move-out day: under sections 87 and 89 of the RTA, a landlord can still apply to the Board for a former tenant's rent arrears or property damage, as long as the application is made within one year of the tenant ceasing to be in possession.
Small Claims Court. This forum handles money and civil claims that fall outside the RTA entirely, or that fall outside the Board's specific former-tenant provisions. Whether it can pick up an RTA claim after the Board's one-year deadline has passed is a contested question; my guide to the LTB's one-year deadline for landlord claims explains why counting on that fallback is risky. Once a residential tenancy has ended, do not assume the Board can no longer hear it — the proper forum depends on the type of claim and the timing, not simply on whether the tenant has moved out. Small Claims is broad, but it is not unlimited, and it is a common misconception that you can sue anyone for anything there; an active residential tenancy — and, within its one-year window, a former-tenant arrears or damage claim — are good examples of disputes that often live elsewhere. The line can be subtle and fact-specific, which is exactly why I urge people to confirm it, and to obtain advice before choosing a forum.
Commercial tenancies. These are not governed by the RTA and are not handled by the Board at all. A commercial landlord-tenant dispute is governed by the terms of the lease and the Commercial Tenancies Act, and it goes to Small Claims Court (up to $50,000) or the Superior Court of Justice, depending on the amount and the relief sought. If you run a business from the space, you are almost certainly in the commercial stream.
The dollar figures. Both forums now top out at the same ceiling. Small Claims Court handles claims up to $50,000. The Landlord and Tenant Board's monetary jurisdiction is tied by statute to the Small Claims Court's limit (Residential Tenancies Act, s. 207), so when the Small Claims limit rose to $50,000 on October 1, 2025, the Board's ceiling rose with it. The practical takeaway is that the right forum is no longer decided by the dollar amount — both reach $50,000 — but by whether the RTA applies and whether the tenancy is active.
Time limits. Board applications generally have their own deadlines. For a former tenant's rent arrears or property damage specifically, the RTA gives the landlord one year from the date the tenant ceased to be in possession to apply to the Board — miss that window and the Board route for that claim closes. Small Claims claims are subject to the usual limitation period. Both matter, because a wrong-forum detour can burn the time you needed to file properly. You can sanity check your civil deadline with the Ontario limitation period calculator, but for Board deadlines specifically, confirm the current rule.
Which landlord and tenant situations go to which forum?
Rent arrears while the tenant is still in the unit and withheld-deposit or illegal-entry claims go to the Board; suing a former tenant for arrears or damage generally stays at the Board for one year after move-out and shifts to Small Claims only after that; and any commercial lease dispute goes to Small Claims or the Superior Court. Most landlord and tenant disputes I am asked about fall into a handful of recurring patterns. Here is how each one generally sorts.
Rent arrears while the tenant is still in the unit → the Board. A residential tenant has stopped paying and is still living there. The landlord wants the rent, and often the eviction too. This is squarely a Landlord and Tenant Board matter under the RTA. Small Claims Court is not the route here, and it cannot order the eviction regardless.
Suing a former tenant for arrears or damage after move-out → often still the Board, for one year. The residential tenant has moved out owing rent or having left damage beyond normal wear and tear. Sections 87 and 89 of the RTA let the landlord apply to the Board for exactly this, as long as the application is made within one year of the tenant ceasing to be in possession — the Board does not automatically lose jurisdiction just because the tenancy ended. For a claim that falls outside those specific provisions, Small Claims Court is the forum, up to $50,000. But once the one-year window has closed, do not assume the claim simply moves to court: because the Board's jurisdiction is exclusive, a court may decline to hear what is in substance an RTA claim. Confirm which side of that line you are on before you file, and treat the year as the real deadline.
A commercial lease dispute → Small Claims or Superior Court, not the Board. An office, retail, or industrial tenant and landlord are fighting over rent, repairs, or the terms of the lease. The Board has no role. This goes to court, governed by the lease and the Commercial Tenancies Act. If you are reviewing or fighting over the terms themselves, my commercial lease review checklist is a useful starting point, and a commercial lease lawyer can help you read the document that actually governs the dispute.
A tenant suing over a withheld deposit or illegal entry → usually the Board. A residential tenant believes the landlord wrongly kept a deposit, entered without proper notice, or failed to maintain the unit. While the RTA applies and the tenancy is live, these are generally Board matters, not Small Claims claims. The tenant's instinct to "sue the landlord" is understandable, but the forum is usually the Board.
Jonathan does not take residential Landlord and Tenant Board matters
Evictions, N notices, L and T applications, and hearings at the Board are not work Jonathan takes on. If that is what you are dealing with, do not book a consultation here. Two paralegals who do this work every day:
- Merve Ozdemir, Unity Legal · (437) 339-8550 · merve@unitylegal.ca
- Angela Makris, Arkhon · 416.845.8065 · angela@arkhonparalegal.com
What Jonathan does handle on the landlord and tenant side: commercial leases and commercial lease disputes, lease and contract review, demand letters, and Small Claims Court claims, including money claims that properly belong in court once a tenancy has ended.
A decision framework: the Board or Small Claims?
Work through the questions in order — commercial or residential, whether the RTA applies, active or ended, whether a former-tenant arrears or damage claim is still within its one-year Board deadline, whether you are trying to evict, and whether it is a money claim outside the RTA — and most disputes sort themselves. When a landlord or tenant calls me unsure where to file, I walk them through the same short sequence of questions. Run through these in order and most disputes sort themselves out.
- Is the tenancy residential or commercial? If it is commercial — an office, a store, a unit run as a business — stop here. You are not at the Board. The dispute goes to Small Claims Court or the Superior Court under the lease and the Commercial Tenancies Act.
- Does the Residential Tenancies Act apply? Most residential rentals are covered, but some living arrangements are excluded from the RTA. If the Act does not apply, the Board generally does not either, and a civil court may be the forum. This is worth confirming, not assuming.
- Is the residential tenancy active or ended? If the tenant is still in the unit and the dispute arises from the live tenancy — rent, repairs, eviction, entry — it is almost certainly a Board matter. If the tenancy has ended, do not assume Small Claims Court by default — check the next question first.
- If the tenancy has ended, is it a rent arrears or damage claim within one year of move-out? Sections 87 and 89 of the RTA let the Board hear these against a former tenant, but only within one year of the tenant ceasing to be in possession. Inside that window, the Board is often still the right forum. Outside it, or for other claims, Small Claims Court generally takes over.
- Are you trying to evict? A residential eviction can only come from the Board. If eviction is any part of what you want, you are at the Board, period.
- Is it a money claim outside the RTA, or outside the Board's post-tenancy jurisdiction? If the answer is yes — a commercial dispute or a debt genuinely unrelated to the tenancy — Small Claims Court is generally the forum, up to its $50,000 limit. A former-tenant claim past the one-year mark is shakier ground: whether a court can still hear it is contested, so get advice rather than assuming.
If you run that sequence and still cannot tell, that uncertainty is itself the signal to get advice before filing. The genuinely close cases — a recently ended tenancy, an arrears claim straddling the move-out, an arrangement that may or may not be covered by the RTA — are exactly where a wrong guess costs the most.
What should I check before filing a landlord or tenant dispute?
Confirm three things before you file: whether the Residential Tenancies Act is in play, whether the tenancy is active or ended, and whether it is residential or commercial. Before you fill out a single form, I would confirm three things. Each one points you to a forum, and getting any of them wrong sends you to the wrong place.
Is the RTA in play? The Residential Tenancies Act is the dividing line between the Board's world and the court's world. If the Act governs the relationship, think Board. If it does not — commercial space, certain excluded living arrangements — think court. When you are not sure whether the Act applies, that is a question to confirm, not to assume your way past.
Is the tenancy active or ended? Timing changes the forum, but not on a simple switch. The same dispute — say, money owed — is a Board matter while the tenant is in the unit, and for rent arrears or property damage it generally stays a Board matter for up to a year after the tenant moves out, under sections 87 and 89 of the RTA. Only once that year has passed, or for claims those sections do not cover, does it become a Small Claims matter. Be precise about where you sit on that timeline, because it is often the deciding fact.
Is it residential or commercial? This is the cleanest line of the three. Residential tenancies live at the Board (when active) and in Small Claims (after they end). Commercial tenancies never touch the Board at all. If you are dealing with a property you manage or own across both residential and commercial units, you may genuinely have matters in two different forums at once.
What are the most common landlord and tenant forum mistakes?
The costliest mistakes are filing in the wrong forum, suing a current residential tenant in Small Claims Court, trying to evict through Small Claims Court, assuming the Board handles commercial disputes, and missing a deadline during a wrong-forum detour. A few errors come up again and again in this area, and each one is avoidable with a moment's thought before filing.
Filing in the wrong forum. This is the headline mistake, and it is more than an inconvenience. Because the Board's jurisdiction over active residential matters is exclusive, a court will generally not hear those disputes — and vice versa, the Board has no power over commercial ones. A wrong filing can mean dismissal, a lost fee, and a restart elsewhere, sometimes after a deadline has passed.
Suing a current residential tenant in Small Claims Court. While the tenant is still in the unit, rent arrears and most other disputes belong at the Board. Trying to run them through Small Claims Court is a frequent and costly misstep. The claim may be sound; the forum is wrong.
Trying to evict through Small Claims Court. Small Claims Court cannot order a residential eviction. Only the Board can. I have seen landlords lose real time believing a court could hand them possession of the unit. It cannot — that power belongs to the Board alone.
Assuming the Board handles commercial disputes. The word "tenant" misleads people. The Board is a residential tribunal. Commercial disputes are governed by the lease and the Commercial Tenancies Act and belong in court.
Missing the deadline during a wrong-forum detour. Board applications often must be brought within a set time. If you spend months in the wrong forum, you may discover the window to file correctly has closed. That is the quiet way a wrong-forum mistake turns into a lost claim.
What happens in each forum?
The Landlord and Tenant Board is an administrative tribunal where you file an application and present evidence at a hearing before an adjudicator, while Small Claims Court is a court where you file a Plaintiff's Claim and proceed through a settlement conference and, if needed, a trial. The two forums feel different in practice, and knowing what to expect helps you prepare for the right one.
The Landlord and Tenant Board. The Board is an administrative tribunal, not a court. A landlord or tenant files an application, the matter is scheduled for a hearing before an adjudicator, and both sides present their evidence. Hearings are designed to be accessible without a lawyer, and the Board can order remedies specific to residential tenancies — including, where appropriate, an eviction, which no court can grant. Scheduling and wait times at the Board have been a real-world concern in recent years, so factor that in.
Small Claims Court. This is a court, with a streamlined civil process: you file a Plaintiff's Claim, serve the defendant, and — if the matter is defended — proceed through a mandatory settlement conference and, if it does not settle, a trial, with money and damages up to $50,000. My guide on how to sue in Small Claims Court in Ontario walks through the mechanics, and when to use Small Claims Court covers the kinds of disputes it is built for.
Which forum is faster or cheaper?
People often ask me which forum is the better deal. The honest answer is that it is not a choice you usually get to make — the nature of your dispute decides the forum for you. Both are designed to be accessible without representation, and where one is genuinely faster than the other varies with current scheduling. Pick the one with jurisdiction; that is the only choice that actually holds up.
Can a landlord and tenant dispute be settled instead of going to a hearing?
Yes — both forums build settlement in, with mediation often available at the Board and a mandatory settlement conference in Small Claims Court, and most disputes are better resolved by agreement than by a contested hearing. Whichever forum applies, most landlord and tenant disputes are better resolved by agreement than by a contested hearing — and both forums build settlement into the process. At the Board, mediation is often available and many matters resolve before a full hearing. In Small Claims Court, the mandatory settlement conference exists precisely to broker a deal before trial, and in my experience most defended cases end there.
Settlement matters even more when the forum question is genuinely close. If you and the other side can resolve the underlying problem — the unpaid amount, the damage, the disputed deposit — you may never need a definitive answer on which tribunal had jurisdiction. A negotiated resolution can also include payment terms, which is often what both sides actually want.
That said, do not let settlement talks run out a filing deadline. If the other side is stringing you along, confirm your forum and your time limit, and be ready to file in the right place if the negotiation stalls. Settling is the goal; missing your window while you try is the trap.
Key takeaways
- Active residential tenancy disputes go to the Board. Evictions, rent arrears while the tenant is in the unit, repairs, and illegal entry are exclusive Landlord and Tenant Board matters under the RTA — Small Claims Court generally cannot hear them.
- Only the Board can evict a residential tenant. No court, including Small Claims Court, can order a residential eviction. If eviction is any part of your goal, you are at the Board.
- Ending a tenancy does not, by itself, end the Board's jurisdiction. Under RTA sections 87 and 89, the Board can still hear a former tenant's rent arrears or property damage claim, but only if the landlord applies within one year of move-out.
- Small Claims picks up outside the RTA. A commercial dispute or a debt genuinely unrelated to the tenancy belongs in Small Claims Court, up to $50,000. Whether a court can hear an RTA claim once the Board's one-year window has passed is contested, so treat the year as the real deadline.
- Commercial tenancies are never a Board matter. They are governed by the lease and the Commercial Tenancies Act and go to Small Claims Court or the Superior Court.
- Confirm the forum before you file. The line is fact-specific, the wrong forum means dismissal and wasted fees, and a wrong-forum detour can blow a deadline. When in doubt, check first.
Frequently asked questions
Can I sue my landlord in Small Claims Court in Ontario?
It depends on whether your tenancy is residential and still active. While the Residential Tenancies Act applies, most disputes with your landlord — illegal entry, a withheld deposit, repairs, harassment — belong at the Landlord and Tenant Board, not Small Claims Court. The Board has exclusive jurisdiction over those matters. After a residential tenancy ends, the proper forum depends on the claim: the Board keeps jurisdiction over certain applications concerning former tenants, subject to statutory requirements and deadlines, while other claims may belong in Small Claims Court. Confirm the forum before you file — picking the wrong one wastes time and fees.
Can a landlord sue a tenant in Small Claims Court?
Sometimes, but not for the things people assume. While a residential tenant is still in the unit, claims like rent arrears and damage are Landlord and Tenant Board matters, not Small Claims. After the tenancy has ended, the Board can still order a former tenant to pay arrears or repair damage under sections 87 and 89 of the RTA, but only if the landlord applies within one year of the tenant moving out. Treat that window as the real deadline: whether a court can hear what is in substance an RTA claim after it closes is a contested, fact-specific question, so do not plan on Small Claims Court as a fallback. Claims genuinely outside the Board's jurisdiction are court matters. Commercial landlords are different: their disputes are not Board matters at all and usually go to Small Claims Court or the Superior Court. Confirm which applies before filing.
What does the Landlord and Tenant Board handle?
The Landlord and Tenant Board, under the Residential Tenancies Act, has exclusive jurisdiction over most disputes arising from an active residential tenancy. That includes evictions, rent arrears while the tenant is still in the unit, maintenance and repair problems, illegal entry, harassment, and applications about deposits and similar RTA issues. Only the Board can order a residential eviction — no court can do that for you. Because its jurisdiction is exclusive over these matters, you generally cannot take them to Small Claims Court instead. The Board does not handle commercial tenancies, which fall outside the RTA entirely.
Can I evict a tenant through Small Claims Court in Ontario?
No — not a residential tenant. Only the Landlord and Tenant Board can order a residential eviction under the Residential Tenancies Act, and trying to accomplish that through Small Claims Court is one of the more common and costly mistakes I see landlords make. Small Claims Court is a money-claims forum; it has no power to grant a residential eviction. If your tenant is residential and still in the unit, the eviction route runs through the Board, full stop. Commercial tenancies follow different rules under the lease and the Commercial Tenancies Act, so confirm which kind of tenancy you have before you take any step.
Can I sue a former tenant for damage in Small Claims Court?
Sometimes — but not automatically, and not just because the tenant moved out. Under section 89 of the Residential Tenancies Act, the Landlord and Tenant Board can still order a former tenant to pay for damage beyond normal wear and tear, as long as the landlord applies within one year of the tenant ceasing to be in possession. If you are inside that one-year window, the Board is often still the right — and faster — forum. For damage claims that fall outside section 89 entirely, Small Claims Court is available up to the $50,000 limit. But do not assume the court route survives a missed Board deadline: whether a court can hear what is in substance an RTA claim once the one-year window closes is a contested question. The line is fact-specific, so confirm the correct forum and the applicable deadline before you file, and gather your evidence of the damage and its cost early.
What about unpaid rent after the tenant moved out?
This is one of the trickier lines, and it is not simply "moved out means Small Claims." Section 87 of the Residential Tenancies Act lets the Landlord and Tenant Board order a former tenant to pay arrears, but only if the landlord applies within one year of the tenant ceasing to be in possession — inside that window, the Board still has jurisdiction. Amounts owed that fall outside section 87 can be a Small Claims Court matter instead, but whether a court can hear a section 87 claim once that year has passed is a contested question, so treat the Board's one-year window as the real deadline. I always recommend confirming the forum — and the applicable deadline — before filing, because guessing wrong here means dismissal and lost fees.
Is a commercial lease dispute a Landlord and Tenant Board matter?
No. Commercial tenancies are not governed by the Residential Tenancies Act and are not handled by the Landlord and Tenant Board at all. A commercial landlord-tenant dispute is governed by the terms of the lease and the Commercial Tenancies Act, and it goes to Small Claims Court (up to the $50,000 limit) or the Superior Court of Justice, depending on the amount and the relief sought. This surprises people who assume the Board covers everything called a tenancy. If your space is commercial — an office, a store, a unit you run a business from — the Board is the wrong door. Confirm the forum before you act.
How much can the Landlord and Tenant Board or Small Claims Court award now?
Both top out at the same figure. Small Claims Court handles money claims up to $50,000. The Landlord and Tenant Board's monetary jurisdiction is tied by statute to the Small Claims Court's limit (Residential Tenancies Act, s. 207), so it also rose to $50,000 when the Small Claims limit increased on October 1, 2025. The practical point is that the right forum is no longer decided by the dollar amount alone — both reach $50,000 — but by whether the Residential Tenancies Act applies and whether the tenancy is active.
What happens if I file in the wrong place?
Filing in the wrong forum can mean dismissal, delay, and wasted filing fees. If you bring an active residential tenancy dispute to Small Claims Court, the court generally cannot hear it because the Landlord and Tenant Board has exclusive jurisdiction — and you may have to start over at the Board, possibly after a deadline has passed. The reverse mistake happens too: trying to run a commercial dispute through the Board, which has no power over it. Because Board applications often have their own time limits, a wrong-forum detour can cost you the claim entirely. Confirm the correct forum before you file.
Do I need a lawyer or paralegal?
Not necessarily — both the Landlord and Tenant Board and Small Claims Court are designed to be accessible without representation, and many people handle their own matters. That said, the value of advice is highest at exactly the question this article is about: which forum applies. Getting that wrong is expensive. Licensed paralegals can represent you at the Board and in Small Claims Court, and so can lawyers who practise there. Jonathan does not take Board matters, so if yours is a Board file, use the referrals in this article rather than booking here. For a straightforward claim you may not need anyone; where the residential-versus-commercial or active-versus-ended line is unclear, a short consultation to confirm the forum is usually money well spent.
Final thoughts
The Small-Claims-versus-the-Board question feels like a technicality, but it is the single decision that most often determines whether a landlord or tenant dispute goes smoothly or turns into a wasted detour. The framework is not complicated at its core: active residential tenancy disputes belong at the Landlord and Tenant Board, which has exclusive jurisdiction over them; commercial tenancies never go to the Board at all; and money claims that fall outside the Residential Tenancies Act generally go to Small Claims Court. But one thing is worth repeating because it is so often assumed wrongly: a tenancy ending does not, by itself, close the Board's doors. The Board keeps jurisdiction over a former tenant's rent arrears and property damage claims for a full year after move-out under RTA sections 87 and 89. Small Claims Court is the forum for claims those sections never covered in the first place — not simply because the tenant is gone — and whether it can hear an RTA claim once that year has passed is a contested question, which is exactly why the one-year window should be treated as the real deadline.
Where it gets genuinely tricky is at the edges — a tenancy that recently ended, an arrears claim that straddles a move-out, an arrangement that may or may not be covered by the Act. Those are exactly the cases where I most strongly recommend obtaining advice and confirming the forum before filing, because the cost of guessing wrong is not just inconvenience; it can be a dismissed claim and a missed deadline.
If you are a landlord or tenant and you are not sure which door to walk through, that uncertainty is worth a short conversation. Call 416-554-1639 or book a free consultation, and we can confirm where your matter belongs before you spend time or money in the wrong place.
Confirm the right forum before you file
If the answer is the Landlord and Tenant Board, Jonathan refers that work out: Merve Ozdemir at Unity Legal, (437) 339-8550, or Angela Makris at Arkhon, 416.845.8065. If it is a commercial lease dispute or a Small Claims Court claim, book a free 30-minute consultation.