As a landlord in Ontario, dealing with unpaid rent and property damages can be emotionally and financially draining. One of the most common questions landlords ask is: “Is it really worth going to the Landlord and Tenant Board (LTB) for unpaid rent or property damages?” The short answer: it depends.
What the LTB Can and Can’t Do
The Landlord and Tenant Board (LTB) handles disputes between residential landlords and tenants under the Residential Tenancies Act (RTA). Common issues include:
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Unpaid rent
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Damages caused by tenant negligence
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Breach of lease terms
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Unauthorized occupants
The LTB can issue eviction orders and monetary compensation only up to the limits of the RTA. It does not handle:
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Commercial leases
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Rent-to-own disputes
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Post-eviction damages beyond the scope of the lease
Key Factors to Consider Before You File
1. Amount Owed vs. Legal Cost & Time
Filing an application costs time, money, and energy. If the amount owed is under $500, it may not be worth it unless you’re already filing for another issue (e.g., eviction). Legal representation, missed workdays, and multiple hearings can add up.
2. Does the Tenant Have the Ability to Pay?
Even if you win, you may not recover anything if the tenant has no income, assets, or is on social assistance. A judgment doesn’t guarantee collection.
3. Proof of Damages or Unpaid Rent: You need solid documentation:
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Lease agreement
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Payment history
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Move-in/move-out condition photos
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Estimates or invoices for repairs
Without evidence, your case can be dismissed, or you may receive less than expected.
4. Which L Application i will be filing?
It’s important to file the correct application and follow proper procedure—including issuing required notices.
Alternative to LTB: Small Claims Court If:
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The tenant has already left the property
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Damages exceed the LTB’s jurisdiction or occurred post-tenancy
You may be better off filing in Small Claims Court (up to $50,000). This allows you to pursue damages, lost rent, or breach of contract outside the RTA.
When It May Be Worth It
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Arrears are substantial (e.g. over $1,000)
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The tenant is still in the unit
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You have clear documentation
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Tenant has income or assets
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You’re trying to set a precedent or stop recurring behavior
When to Think Twice
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Tenant is clearly insolvent
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Amount owed is small
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You lack documentation
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You’ve already regained possession and want to move on
Final Thoughts
If you’re unsure, consulting a Realtor and licensed paralegal who specializes in landlord-tenant matters can save you costly mistakes and guide you through your options. Contact me at oghani@outlook.com or call at 416-882-9090 to book a consultation.