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Litigation

Can I use Small Claims Court to get my rental security deposit back in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

In Ontario, the residential tenancy system works differently from many other provinces: landlords can only collect a last month's rent deposit, not a separate security or damage deposit. Disputes about last month's rent deposits — whether the landlord must return it or can apply it against unpaid rent — are generally handled by the Landlord and Tenant Board (LTB), not Small Claims Court.

However, Small Claims Court can become relevant in landlord-tenant matters when the dispute falls outside the LTB's jurisdiction. For example, if a landlord is seeking compensation for damage to a unit beyond ordinary wear and tear that exceeds the LTB's monetary jurisdiction, they may need to go to Small Claims Court. Commercial tenancy disputes are also outside the LTB's scope and can proceed in Small Claims Court if the amount is within the limit.

If you are a residential tenant trying to recover an illegally taken deposit (which would be an illegal charge under the Residential Tenancies Act), you would typically file with the LTB, not Small Claims Court. Determining the right forum is important because filing in the wrong place wastes your filing fee and time.

Key takeaways

  • Ontario only allows a last month's rent deposit in residential tenancies — not a damage deposit.
  • Most residential landlord-tenant disputes belong at the Landlord and Tenant Board.
  • Small Claims Court handles commercial tenancy disputes and some out-of-LTB-jurisdiction claims.
  • Filing in the wrong forum wastes time and money; confirm jurisdiction first.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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