Small Claims vs LTB: Where to File What
By Solutions Property Management — Wed Jul 08 2026
Quick answer
Deciding between the Landlord and Tenant Board (LTB) and Small Claims Court depends on the dispute's nature and the tenant's occupancy. Generally, the LTB handles issues while a tenant is still in possession, like eviction or current rent arrears. Small Claims Court is for money claims after a tenant has moved out, such as past rent arrears or damages.
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.
Frequently asked questions
When should I file a landlord-tenant dispute with the Landlord and Tenant Board?
You should file with the LTB for most residential tenancy issues where the tenant still occupies the unit. This includes rent arrears while the tenant is in possession, evictions for cause or landlord's own use, and applications for maintenance or illegal entry. Getting the venue right helps prevent delays in resolving your case.
When is Small Claims Court the right place for a landlord dispute?
Small Claims Court is the correct venue for financial claims after the tenant has moved out. This includes rent arrears once the tenancy has ended, claims for damages discovered post-move-out, or claims against a guarantor. The LTB generally loses jurisdiction over money claims once a tenant vacates.
What happens if a tenant moves out after I file with the LTB for arrears?
If you've filed an L1 application with the LTB for rent arrears and the tenant moves out before the hearing, the LTB can still order the arrears up to the move-out date. However, any new damages discovered after they leave would typically need to be pursued through Small Claims Court. It's crucial to understand these distinctions.
Who can help me decide where to file and prepare the paperwork in Hamilton, Ontario?
Solutions Property Management in Hamilton, Ontario, at 905-974-9871, can help prepare and serve N-series notices and file L-series applications for the LTB. They charge for one hour of admin time plus the LTB filing fees. For LTB hearings, they recommend consulting a licensed paralegal or lawyer to represent you.