Small Claims vs LTB: Where to File What
By Solutions Property Management — Wed Jul 08 2026
Not every landlord-tenant dispute belongs at the LTB. Here's the map.
The Landlord and Tenant Board handles most residential tenancy disputes in Ontario — but not all of them. Filing in the wrong place costs you months and, sometimes, your case.
**Goes to the LTB**
- Rent arrears while the tenant is still in possession
- Eviction for cause (non-payment, damage, illegal act, disturbing others)
- Eviction for landlord's own use (N12) or major renovation (N13)
- Tenant applications for maintenance, harassment, illegal entry
- Rent reduction claims
- Above-guideline rent increase applications
**Goes to Small Claims Court**
- Rent arrears after the tenant has moved out
- Damage claims after the tenancy has ended
- Any claim for unpaid rent when the LTB no longer has jurisdiction
- Claims against a guarantor
The critical rule: **once the tenant no longer has the unit, the LTB largely loses jurisdiction over money claims.** If you're chasing $8,000 in arrears from a tenant who moved out three months ago, that's Small Claims, not the LTB.
**When you might use both**
Common scenario: tenant is in arrears, you file at the LTB, they move out before the hearing. The LTB can still order the arrears up to the move-out date if the L1 was already filed. But damage discovered after the move-out is Small Claims territory.
**Practical differences**
- LTB filing fee: $201 (as of 2026). Small Claims: $102-$237 depending on amount.
- LTB timeline: 3-6 months to hearing. Small Claims: 6-12 months to trial.
- LTB is written applications + hearings. Small Claims is more formal, more like court.
- Enforcement is separate in both cases — an order isn't collection.
Get the venue right the first time. A wrong-forum filing gets dismissed, and now you're starting over with the clock still running.