Can my former landlord sue me in court for unpaid rent in Ontario?
Yes, a former landlord can sue you for unpaid rent in Ontario, but the appropriate forum depends on the amount and circumstances. For most residential tenancy disputes, the Landlord and Tenant Board (LTB) is the primary tribunal with jurisdiction over rent owed during a tenancy. Landlords can bring an application at the LTB for arrears and, if successful, obtain an LTB order that can be enforced like a court judgment.
If the tenancy has ended, a landlord can also sue in the Ontario courts. For amounts up to $35,000, Small Claims Court is the typical venue. For larger claims, the Superior Court of Justice would apply. The two-year general limitation period under the Limitations Act, 2002 runs from when the landlord knew — or ought to have known — about the unpaid rent.
An LTB order or court judgment for rent arrears can be enforced through the same mechanisms available for any civil judgment: wage garnishment, bank garnishment, or a writ of seizure and sale. The creditor would need to take additional steps to file the judgment for enforcement.
If you have been contacted by a former landlord or collection agency about unpaid rent, check whether the limitation period has expired and whether any LTB proceedings were already taken. A lawyer can help you understand your exposure and options.
Key takeaways
- Landlords can pursue rent arrears at the LTB during a tenancy or in court after it ends.
- Small Claims Court handles claims up to $35,000.
- LTB orders and court judgments are enforceable through garnishment and writs.
- The two-year limitation period under the Limitations Act, 2002 applies to court claims.