How to Get Your Rental Deposit or Overpaid Rent Back in Ontario

You may have paid a deposit that was too large or used for the wrong thing. You may also have paid a rent increase that your landlord was not allowed to charge.

This article explains the rules that help you judge whether you paid too much, how to prepare and file, and what to expect afterward. It is general information, not advice on your particular situation.

Deposits and increases: what the rules say

Start by comparing what you paid with what the Residential Tenancies Act, 2006 allows. A rent deposit can only be used for the last month's (or week's) rent, and it cannot exceed one month's rent where rent is paid monthly.

For increases, at least 12 months must have passed since you moved in or since your last increase, and your landlord must give at least 90 days' written notice. The Ontario Government sets the rent increase guideline each year.

• A deposit larger than one month's rent on monthly rent may be a problem.
• A deposit the landlord treats as something other than last month's rent may be a problem.
• An increase charged before 12 months have passed may be a problem.
• An increase charged without 90 days' written notice may be a problem.

Check that the Act covers your unit

Most rental units are covered by most of the Act's rules, including apartments, houses, and rooms in rooming or boarding houses. It also applies to care homes, retirement homes, and sites in mobile home parks and land lease communities.

If your situation fits one of these exceptions, your claim may look different. A lawyer or a legal clinic can help you confirm.

Preparing and filing your application

Before you file, collect proof of what you paid and why it was wrong. Useful items include your lease, receipts or bank records, any rent increase notice, and messages with your landlord.

The Tribunals Ontario Portal can be used to submit applications, check file status, upload evidence and see whether an order has been issued, and it is encouraged for T1 applications. You can also file in person at ServiceOntario locations (filing only) or by mail or courier to 15 Grosvenor Street, Ground Floor, Toronto, ON M7A 2G6.

Evidence has deadlines. Under Rule 19 of the LTB Rules of Procedure, your evidence must be disclosed 7 days before the hearing and responding evidence 5 days before, unless the LTB orders otherwise. A party who does not comply may be barred from relying on that evidence, and filing evidence does not make it admissible because the Member decides. Hearing evidence can be emailed to LTB.Evidence@ontario.ca with the file number and hearing date in the subject line, or uploaded through the portal.

After you file: timing, orders and challenges

Hearings for most application types are scheduled about 5 to 7 months out, and most decisions issue within 30 days of the hearing. Wait at least two months after filing before checking status, and email LTB@ontario.ca if there is no order 60 days after the hearing. These times were stated by the LTB earlier and may have changed.

If you disagree with an order, there are three ways to have it changed: a Request to Amend for clerical errors (30 days after the order, no fee), a Request to Review, or an appeal to the Divisional Court.

• For orders issued on or after July 1, 2026, a Request to Review must be filed within 15 days of the order, and for earlier orders the deadline is 30 days.
• The filing fee for a Request to Review is $58.
• From July 1, 2026, the LTB may review a final order only where the party was not reasonably able to participate, there was a serious error, or there is new evidence that could not have been obtained earlier, and which grounds apply to an order issued before that date depends on your situation.
• A party may make only one review request per order.
• An appeal goes to the Divisional Court only on a question of law, within 30 days after the order.

What to do next

• Gather your lease, payment records and any notices.
• Compare what you paid with the deposit and increase rules above.
• Confirm that your unit is covered by the Act.
• Set up access to the Tribunals Ontario Portal and file your application.
• Disclose your evidence at least 7 days before the hearing.
• Diarize any deadline that runs from the date of an order.

For general information, you can call the LTB toll-free at 1-888-332-3234 or in the Toronto area at 416-645-8080, Monday to Friday 8:30 a.m. to 5:00 p.m., though staff give information and not legal advice. The Advocacy Centre for Tenants Ontario helps tenants and is funded by Legal Aid Ontario. A lawyer can also review your facts before you file.

Frequently asked questions