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Former tenant owes you money: L10 or Small Claims Court?

Where to claim rent, utilities or damage a former tenant owes in Ontario: the L10 at the Board, the one-year deadline, the $50,000 limit and Small Claims Court.

Updated Reviewed by Baljinder Srann, Lawyer

General information about Ontario law as of the date above, not legal advice. The law and the Board's forms change; check the sources at the end of the page.

If your tenant has moved out and still owes you money, you claim it at the Landlord and Tenant Board with an L10 application. The tenant must have moved out on or after 1 September 2021, you must file within one year, and the Board can order up to $50,000. The Small Claims Court usually comes in afterwards, as the place to file the Board’s order if the former tenant does not pay. This page is general information about the law as of 15 October 2026, not legal advice.

Which route fits your situation?

Your situation Where it goes
The tenant moved out less than a year ago, and the claim is $50,000 or less An L10 at the Board
The claim is more than $50,000 A claim in the Superior Court of Justice, or an L10 that gives up everything above $50,000
The tenant still lives in the unit An L1, L2 or L9 at the Board, not an L10
More than a year has passed since the tenant moved out The L10 can no longer be filed
The Board ordered payment and the former tenant has not paid File the order with the Small Claims Court to enforce it

What can you claim on an L10?

The L10 covers five kinds of money:

  • Rent and compensation. Rent the tenant did not pay during the tenancy, and compensation for each day they stayed after a notice of termination or an agreement to end the tenancy took effect. Rent includes amounts paid to you separately for services such as parking, and a flat monthly charge for a utility.
  • NSF charges. Your bank’s charges for a returned cheque, plus your administration charge of up to $20 a cheque. You can claim these only together with rent or compensation.
  • Utilities. Heat, electricity or water the tenancy agreement required the tenant to pay, and they did not. A share of a bill, such as half the hydro, is claimed here, not as rent.
  • Damage. The cost to repair or replace property that the tenant, another occupant or a guest damaged wilfully or negligently. Normal wear and tear is not undue damage.
  • Substantial interference. Out-of-pocket costs caused by conduct that substantially interfered with your reasonable enjoyment of the property or another lawful right, for example a fire department charge after a false alarm. Damage and utility costs cannot be claimed under this reason.

The form adds the filing fee to the total you claim. The LTB lists the L10 fee as $201, or $186 through the Tribunals Ontario Portal.

How long do you have to file?

You must file no later than one year after the tenant moved out. The form puts it as no more than 365 days after the day they left. The Board cannot extend this deadline. The L10 is also only for a tenant who moved out on or after 1 September 2021, the day these rules came into force.

How much rent can you claim if the tenant left without notice?

The Act sets the period. If the tenant left without any notice, rent is owing up to the earliest termination date a proper tenant’s notice could have set, counted from the day you knew, or ought to have known, that they had left. If they gave a notice that did not follow the Act, the same rule applies from that notice.

If you had given the tenant an N12 or N13 and they left early without a proper notice, rent is owing until 10 days after their notice, or after you knew or ought to have known they had left. It does not run past the termination date in your notice.

If you re-rent the unit, the claim stops on the day the new tenant is entitled to move in. The Board also considers whether you took steps to minimize your losses.

What about the rent deposit?

The Act says a rent deposit is applied to the rent for the last rental period before the tenancy ends. You also owe the tenant interest on the deposit each year, at the rent increase guideline in effect when the interest is due. The L10 asks how much rent deposit you still hold, the date you collected it, and the last period for which you paid the tenant interest on it. Have those figures ready before you fill in the rent section.

What do you need before you file?

  • The move-out date. The one-year period runs from it, and the form asks for it.
  • The former tenant’s current address, if you know it. You can leave it blank, but you still have to serve them, and at the hearing you may be asked how you found the address. Never give the rental unit’s address.
  • A record of the rent. The form’s table needs each rental period, the rent charged, the rent paid and the rent owing. The last row must show the last period for which rent is owed.
  • Bank notices for any NSF cheques, with the date and amount of each charge.
  • The utility bills, and the tenancy agreement that made the tenant responsible for them, if it is in writing.
  • Proof of the damage and its cost: what was damaged, the cost of each repair or replacement, and photos, invoices or estimates. If the work is not done yet, you can use estimates.

Who serves the L10, and how?

You do. For most applications the Board serves the documents, but for an L10 you give each former tenant the application and the Notice of Hearing at least 30 days before the hearing. Serve them where they live now. You cannot leave the documents at the old unit.

You can hand them to the former tenant or to an adult where they live, or mail or courier them there. Email works only if the tenant agreed in writing during the tenancy to receive documents by email, and you can prove they received them.

You then file a Certificate of Service at least 20 days before the hearing. If you do not, the Board may cancel the hearing and close the file, and the fee is not refunded. If none of the usual methods will work, you can ask the Board to allow another method of service at least 40 days before the hearing.

What happens at the hearing?

You will have to prove what you claim. Give your evidence, such as the rent record, bills, photos and invoices, to the former tenant and the Board at least 7 days before the hearing.

If you claim rent, the former tenant can raise other issues, such as maintenance problems. For an application filed on or after 21 September 2026, they must first give you and the Board a written description of each issue and pay you half of the rent arrears claimed, at least 7 days before the hearing.

How much can the Board order?

The Board can order up to the greater of $10,000 and the Small Claims Court limit, which is $50,000. If the former tenant owes more, you can bring the claim in court instead, and the court can use the Board’s powers. Because the Small Claims Court’s own limit is also $50,000, a larger claim starts in the Superior Court of Justice. If you claim at the Board, everything above $50,000 is lost once the Board issues its order. See when it goes to court.

Can you sue a former tenant in Small Claims Court instead?

Not for the money an L10 covers, within the Board’s limit. The Act gives the Board exclusive jurisdiction over applications under the Act. Since 1 September 2021, claims for rent, compensation, NSF charges, utilities, damage and interference costs against a former tenant are applications under the Act. Court cases already started before that date were allowed to continue. And because the Small Claims Court’s limit is the same $50,000, it is not a route for a larger claim either.

How do you collect after the Board’s order?

If the former tenant does not pay, you can file the order with the Small Claims Court for enforcement. A certified copy of a Board order filed in the Superior Court of Justice, of which the Small Claims Court is a branch, is treated as an order of that court. You must tell the Board within 10 days after you file it.

The court’s tools for an order to pay money include garnishment and a writ of seizure and sale of personal property or land. You can also have the former tenant examined about why they have not paid and about their income and property. If the Board set a date for payment, interest runs from that date at the post-judgment rate. See enforcing an order.

For how Law Press handles these claims, see tenant left owing money.

Sources (40)

Legal statements on this page come from Ontario's laws and regulations, the Landlord and Tenant Board's own forms, instructions and rules, and the other official sources listed below.

  1. A landlord may apply for an order requiring a tenant or former tenant to pay arrears of rent, and compensation for use and occupation after a notice of termination or an agreement to terminate has taken effect, if the former tenant ceased to be in possession on or after the day 2020, c. 16, Sched. 4, s. 18(1) came into force, September 1, 2021 (RTA s. 87(1), (3)). Ontario e-Laws (opens in a new tab)
  2. An application against a former tenant may be made no later than one year after the tenant or former tenant ceased to be in possession of the rental unit (RTA ss. 87(1.1), 87(3.1), 88.1(2), 88.2(2), 89(1.1)). Ontario e-Laws (opens in a new tab)
  3. The L10 must be filed no more than 365 days after the day the former tenant moved out (L10 form (2026/09), Important Information, item 4). Tribunals Ontario (opens in a new tab)
  4. The Board may not extend deadlines for filing applications, other than those it is expressly permitted to extend under RTA s. 190(1) (O. Reg. 516/06, s. 56, para. 2; RTA s. 190(1) covers only s. 126, s. 159(2) and s. 226). Ontario e-Laws (opens in a new tab)
  5. The L10 is only for a tenant who moved out on or after September 1, 2021, cannot be filed more than one year after the move-out date, and cannot be filed while the tenant still lives in the unit; the L9, L1 (after an N4) or L2 is used instead (L10 instructions, Section A). Tribunals Ontario (opens in a new tab)
  6. Rent includes amounts the tenant pays separately for services such as parking; a flat monthly charge for a utility is rent, while a share of a utility bill is claimed as an unpaid utility; the last row of the rent table must show the last rent period for which rent is owed (L10 instructions, Part 4). Tribunals Ontario (opens in a new tab)
  7. NSF cheque charges from financial institutions and the landlord's administration charges may be included (RTA s. 87(5)); NSF charges can be claimed only with Reason 1 (L10 form, Part 4, Reason 2). Ontario e-Laws (opens in a new tab)
  8. An administration charge for an NSF cheque may not be greater than $20 (O. Reg. 516/06, s. 17, para. 5). Ontario e-Laws (opens in a new tab)
  9. Out-of-pocket expenses from a tenant's failure to pay utility costs required by the tenancy agreement (RTA s. 88.2); utilities mean heat, electricity and water (L10 instructions, Section A). Ontario e-Laws (opens in a new tab)
  10. Costs to repair or replace property damaged wilfully or negligently by the tenant, another occupant or a person permitted in the complex (RTA s. 89(1)). Ontario e-Laws (opens in a new tab)
  11. Out-of-pocket expenses from conduct that substantially interfered with the landlord's reasonable enjoyment or another lawful right; not costs recoverable under s. 88.2 or 89 (RTA s. 88.1(1), (4)). Ontario e-Laws (opens in a new tab)
  12. Example of an interference expense: a fire department charge after the tenant pulled the fire alarm for no reason; damage and unpaid utilities must not be claimed under this reason (L10 instructions, Part 4). Tribunals Ontario (opens in a new tab)
  13. Normal wear and tear is not considered undue damage (L2 instructions, Part 3, Damage). Tribunals Ontario (opens in a new tab)
  14. Damage claims must explain what was damaged and the cost of each repair or replacement; estimates can be used if the work is not yet done (L10 instructions, Part 4). Tribunals Ontario (opens in a new tab)
  15. The application fee is added to the total amount owing on the L10 (L10 instructions, Part 5). Tribunals Ontario (opens in a new tab)
  16. L10 filing fee: $201, or $186 through the Tribunals Ontario Portal (LTB Forms, filing and fees page). Tribunals Ontario (opens in a new tab)
  17. Tenant left with no notice or with a notice that did not follow the Act: arrears end on the earliest termination date a proper notice could have set; if the landlord re-rents, not past the date the new tenant is entitled to occupy; the Board considers whether the landlord took steps to minimize losses (RTA s. 88(1), (3), (4)). Ontario e-Laws (opens in a new tab)
  18. If the landlord gave notice under s. 48, 49 or 50 and the tenant left before its termination date without a proper notice, arrears end on the earlier of 10 days after the tenant's notice (or after the landlord knew or ought to have known the tenant left) and the termination date in the landlord's notice (RTA s. 88(2)). Ontario e-Laws (opens in a new tab)
  19. A person who is liable to pay an amount because of a breach must take steps to minimize their losses (RTA s. 16). Ontario e-Laws (opens in a new tab)
  20. A rent deposit is applied to the rent for the last rent period before the tenancy terminates, and the landlord pays interest on it annually at the guideline rate in effect when payment is due (RTA s. 106(6), (10)). Ontario e-Laws (opens in a new tab)
  21. The L10 asks for the amount of rent on deposit, the date it was collected and the last rental period for which the tenant was paid interest on it (L10 form, Part 4, Reason 1). Tribunals Ontario (opens in a new tab)
  22. Former tenant's current address: leave blank if not known, never the rental unit address; at the hearing the landlord may be asked how it was determined (L10 instructions, Part 3). Tribunals Ontario (opens in a new tab)
  23. The LTB serves the Notice of Hearing with the application unless the Rules or the RTA require otherwise (LTB Rule 5.1). Tribunals Ontario (opens in a new tab)
  24. The landlord must serve the L10 and Notice of Hearing on each former tenant at least 30 days before the hearing; the LTB cannot do this; the copy cannot be left at the rental unit (LTB Rule 5.8; L10 instructions, Section E). Tribunals Ontario (opens in a new tab)
  25. A former tenant may be served by hand, by mail to where they reside, or by handing it to an adult where they reside (RTA s. 191(1.0.1)); also by courier, or by email if they agreed in writing during the tenancy and receipt can be proven (L10 instructions, Section E). Ontario e-Laws (opens in a new tab)
  26. The Certificate of Service must be filed at least 20 days before the hearing (LTB Rule 5.16); otherwise the LTB may cancel the hearing and close the file without refunding the fee (L10 instructions, Section E). Tribunals Ontario (opens in a new tab)
  27. A request for an alternative method of serving a former tenant must be made at least 40 days before the hearing (LTB Rule 3.4). Tribunals Ontario (opens in a new tab)
  28. Evidence must be given to the other parties and the LTB at least 7 days before the hearing (LTB Rule 19.1). Tribunals Ontario (opens in a new tab)
  29. At the hearing, the landlord will have to prove the claims made in the application (L10 form, information for the former tenant). Tribunals Ontario (opens in a new tab)
  30. Section 82 applies to a claim for rent against a former tenant (RTA s. 87(2)); a tenant who intends to raise issues must pay half of the rent arrears claimed and give a written description of each issue at least 7 days before the hearing (LTB Rule 19.4; L10 form); for applications filed before September 21, 2026, Rule 19.4(a) does not apply (Rule 19.5.1). Tribunals Ontario (opens in a new tab)
  31. The Board may order payment of up to the greater of $10,000 and the monetary jurisdiction of the Small Claims Court; a larger claim may go to a court of competent jurisdiction, which may use the Board's powers; rights above the Board's limit are extinguished once the Board issues its order (RTA s. 207(1) to (3)). Ontario e-Laws (opens in a new tab)
  32. The maximum amount of a claim in the Small Claims Court is $50,000 (O. Reg. 626/00, s. 1(1), as amended by O. Reg. 42/25, in force October 1, 2025). Ontario e-Laws (opens in a new tab)
  33. The most the LTB can order on an L10 is $50,000; above that, apply to court to collect the full amount (L10 instructions, Part 4 note). Tribunals Ontario (opens in a new tab)
  34. The Superior Court of Justice has the general jurisdiction of the common law and equity courts (Courts of Justice Act s. 11(2)); the Small Claims Court hears money claims up to the prescribed amount, exclusive of interest and costs (s. 23(1)(a)). Ontario e-Laws (opens in a new tab)
  35. The Board has exclusive jurisdiction to determine all applications under the Act (RTA s. 168(2)). Ontario e-Laws (opens in a new tab)
  36. Despite s. 168(2), court proceedings for these amounts commenced before September 1, 2021 and not finally determined were not affected (RTA ss. 87(7), 88.1(6), 88.2(6), 89(4)). Ontario e-Laws (opens in a new tab)
  37. An order for payment of money can be filed with the Small Claims Court for enforcement (LTB, Application and hearing process, Enforcement of an LTB order). Tribunals Ontario (opens in a new tab)
  38. A certified copy of a tribunal's order filed in the Superior Court of Justice is deemed an order of that court and enforceable as such; the party who files it must notify the tribunal within 10 days (Statutory Powers Procedure Act s. 19(1), (2)); the Small Claims Court is a branch of the Superior Court of Justice (Courts of Justice Act s. 22(1)). Ontario e-Laws (opens in a new tab)
  39. An order for the payment of money may be enforced by a writ of seizure and sale of personal property or of land and by garnishment (Rules of the Small Claims Court, r. 20.03); on default, the creditor may have the debtor examined about the reason for non-payment and the debtor's income and property (r. 20.10(1), (4)). Ontario e-Laws (opens in a new tab)
  40. If the Board sets a date for payment, interest accrues only after that date at the post-judgment interest rate under the Courts of Justice Act (RTA s. 207(7)). Ontario e-Laws (opens in a new tab)

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