In Ontario, a landlord has exactly one (1) year from the date the tenant officially moves out to file a Form L10 with the Landlord and Tenant Board (LTB) to sue for unpaid rent or damages. The LTB filing fee is currently roughly $186 CAD. If you miss this one-year deadline, you generally lose your legal right to collect the arrears.
Dealing with unpaid rent is frustrating enough, but when a tenant vacates the property while still owing you money, the process of recovering those funds becomes more complex. For many years, landlords in Toronto, Ottawa, and Mississauga had to navigate the Small Claims Court to chase former tenants. However, recent changes to the Residential Tenancies Act (RTA) have shifted this jurisdiction entirely to the Landlord and Tenant Board (LTB).
Today, understanding the strict statute of limitations is vital for protecting your rental income. ⚠️ You no longer have the standard two-year window typically found in general civil litigation. Below, we outline the exact step-by-step process for filing an L10 application, the costs involved, and how to legally pursue a former tenant in Ontario.
Step-by-Step Process to Collect Arrears in Ontario
Recovering money from a former tenant requires specific forms and precise timelines. Because the tenant no longer lives in your rental unit, successfully serving them with legal documents is often the hardest part of the process. Many landlords choose to hire a paralegal or landlord-tenant lawyer to navigate these steps.
Step 1: Confirm the Exact Move-Out Date
The one-year limitation clock starts ticking the moment the tenant vacates the unit. You must document this date accurately. Whether they handed over the keys, sent an email confirming they left, or you discovered the unit abandoned, save all evidence proving the exact date they surrendered possession.
Step 2: Locate the Former Tenant’s New Address
To sue a former tenant, you must know where they live or work now. 🔍 The LTB requires you to serve the legal documents directly to them. If they did not provide a forwarding address, you may need to hire a private investigator or a “skip tracing” service to find their new residence or current employer in Ontario.
Step 3: Prepare and File Form L10
You must complete a Form L10: Application to Collect Money a Former Tenant Owes. This form details the exact amount of unpaid rent, unpaid utility bills, or compensation for willful damages to the unit. Once completed, you file this application online through the LTB’s Tribunals Ontario Portal.
Step 4: Serve the Application to the Tenant
Unlike current tenants, you cannot simply slide the notice under their door. You must serve the L10 Application and the Notice of Hearing to the former tenant using an approved method. This typically includes handing it to them personally, mailing it to their new verified address, or emailing it (if they previously consented to email service in the lease).
Step 5: Attend the LTB Hearing
Finally, you or your legal representative will attend the LTB hearing (which is usually held virtually via Zoom). You must present your rent ledger, communication logs, and proof of damages. If the adjudicator rules in your favour, you will receive an official LTB Order for the money owed, which can then be enforced through garnishment.
How Much Does It Cost in Ontario?
Pursuing a former tenant involves upfront costs, though these can sometimes be added to the final judgment order. As of May 2026, expect the following expenses:
- LTB Filing Fee: It costs $186 CAD to file a Form L10 online (or $212 CAD if filed on paper).
- Skip Tracing Service: Finding a tenant who vanished usually costs between $200 and $500 CAD.
- Process Server Fees: Hiring a professional to formally serve the documents generally costs $100 to $250 CAD.
- Paralegal / Lawyer Fees: Retaining legal representation for an LTB hearing typically ranges from $1,000 to $2,500 CAD depending on case complexity.
How Long Does the Process Take?
The timeline involves both the strict statutory deadline and the waiting period for the LTB to schedule your hearing. 🕘
| Phase of Collection | Statutory Timeline |
|---|---|
| Statute of Limitations | Exactly 1 year from the date the tenant vacated. |
| Finding the Tenant | Generally 1 to 3 weeks using a skip tracer. |
| Waiting for an LTB Hearing | Typically 4 to 8 months due to ongoing provincial backlogs. |
Frequently Asked Questions (FAQ)
Can I just take the former tenant to Small Claims Court?
Generally, no. Under the updated Residential Tenancies Act, if the debt relates to unpaid rent or damages during the tenancy, the LTB has exclusive jurisdiction. You must use the L10 process unless the one-year limitation period has expired, though Small Claims judges frequently dismiss cases that should have gone to the LTB.
What if I cannot find the tenant within one year?
If you cannot locate the tenant to serve them, you can still file the L10 application with the LTB before the one-year mark to “stop the clock.” You can then apply to the LTB for an extension of time or request permission for an alternative method of service.
Can I use a collection agency instead of the LTB?
Collection agencies in Ontario typically require a formal court or LTB order proving the debt exists before they will actively pursue a former tenant. You generally need to win your L10 hearing first.
Does this 1-year rule apply to commercial leases?
No. Commercial tenancies are governed by the Commercial Tenancies Act, not the LTB. Commercial landlords generally rely on the standard two-year limitation period to sue for breach of contract in the Superior Court of Justice.
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