Collecting Money a Former Tenant Owes

Table of Contents

Introduction

If your tenant has moved out of the rental unit, you may be able apply to the LTB to collect money your former tenant owes you.

You can only file this application if the tenant moved out of the rental unit on or after September 1, 2021. You cannot file this application more than one year after the date the tenant moved out.

Reasons for Collecting Money a Former Tenant Owes

The former tenant might owe you money for:

Rent

Unpaid rent is money the tenant owes you for rent that they didn’t pay during the tenancy. It includes any amount the tenant paid you separately for services such as parking. It includes utilities if the tenant paid a flat rate for utilities.

Compensation

Compensation is money the former tenant owed you for time they lived in the rental unit after the tenancy was terminated:

  1. by a notice of termination, or
  2. by an agreement to terminate the tenancy.
Charges related to NSF cheques

If the former tenant paid you with an NSF cheque (the check “bounced”) and hasn’t paid you back for the charges related to the NSF cheque.

Utilities

Money the former tenant owes you for heat, electricity or water, if they were responsible for paying one or more utility bills.

Damage

Costs to repair damage in the unit or the building caused willfully or negligently by:

  1. your former tenant
  2. your former tenant’s guest
  3. another occupant

You can also claim the cost of replacing damaged items. You cannot claim costs related to normal wear and tear.

Costs related to substantial interference

Costs you incurred because your former tenant or someone else visiting or living in the rental unit substantially interfered with your reasonable enjoyment or lawful right, privilege or interest.

Examples: The tenant pulled the fire alarm for no reason and you must pay a charge to the fire department, or the tenant did not allow your pest control technician to enter the unit even though you provided proper notice and you had to pay the technician to return on a later date.

How to Apply to Collect Money a Former Tenant Owes

Step to Complete When to Complete the Step

1. Read the instructions for completing Form L10: Application to Collect Money a Former Tenant Owes

No prescribed timeline

2. Submit the completed Form L10: Application to Collect Money a Former Tenant Owes to the LTB.

Up to one year after the tenant moved out

3. The LTB will send you a Notice of Hearing.

No prescribed timeline

4. Serve your former tenant the application and Notice of Hearing using one of the approved methods.

At least 30 days before the hearing

5. If you can’t serve your former tenant using one of the approved methods, submit a Request to use Alternative Service Method to the LTB.

At least 40 days before the hearing

6. Submit the Serving a Former Tenant or a Tenant no Longer in Possession of the Rental Unit to the LTB.

At least 20 days before the hearing

7. Provide the former tenant and the LTB with copies of all your evidence. Examples of evidence include:

If you are claiming unpaid utilities, send copies of utility bills and a copy of the tenancy agreement which required the tenant to pay utilities to your former tenant and the LTB.

If you are claiming damages, provide evidence of the damage and your repair and replacement costs to the tenant and the LTB.

At least 7 days before the hearing

Serving your Application and Notice of Hearing

You must serve each former tenant with the L10 Application and Notice of Hearing in one of the following ways:

At the hearing you may be asked to explain how you determined the former tenant’s current address. Remember that you can’t leave the tenant’s copy at the rental unit because they no longer live there.

If you can’t give the former tenant the application and the Notice of Hearing using any of methods listed above but believe you can do so using a different method, you may submit a Request to use Alternative Service to the LTB. You must submit this request at least 40 days before the scheduled hearing. An LTB Member will consider your request.

Once you have given the former tenant the application and the Notice of Hearing, you must complete a Serving a Former Tenant or a Tenant no Longer in Possession of the Rental Unit and submit it to the LTB at least 20 days before the hearing. If you don’t, the LTB may cancel your hearing and close your file. If this happens your filing fee will not be refunded.

Filing Deadline

You can apply to collect money a former tenant owes you up to one year after the date the tenant moved out. The tenant must have moved out of the rental unit on or after September 1, 2021.

Maximum Amount

The most the LTB can order based on your claim is $35,000. If you believe the tenant owes you more than $35,000, and you want to collect the full amount, you should apply to court and not to the LTB. Once the LTB issues an order based on your application, you no longer have any claim to amounts greater than $35,000 from your tenant.

More Information


Contact the Landlord and Tenant Board

Call us:
Toll free: 1-888-332-3234
Toronto area: 416-645-8080
TTY: Bell Relay Service at 1-800-268-9242

Visit our website at tribunalsontario.ca/ltb
Map a solution to your dispute: Navigate Tribunals Ontario


Last updated: September 2021