How to Collect Unpaid Rent After Tenant Moves Out in Ontario

Overview — Can You Still Collect Rent After a Tenant Leaves?

Yes — Ontario landlords have legal options to recover unpaid rent after a tenant moves out, even if the lease has ended. But the process depends on whether you pursue it through the Landlord and Tenant Board (LTB) or small claims court.

Step-by-Step Guide to Collecting Unpaid Rent After Move-Out

1. Determine How Much Rent Is Owed

Before starting any process, calculate the total unpaid amount. Include only rent — not damages, utilities, or cleaning fees (those follow different procedures).

2. Choose the Right Legal Path

If the tenant has already moved out, the LTB no longer has jurisdiction over the matter. You must file a Small Claims Court case to recover unpaid rent.

3. File a Claim in Ontario Small Claims Court

Key details:

• You can sue for up to $35,000
• File within 2 years of the rent becoming due
• Filing fees start at ~$108 (online)

Steps:

1. Gather lease agreement, rent receipts, move-out proof
2. Complete a Plaintiff’s Claim (Form 7A)
3. Submit it via the Ontario Small Claims Online Portal

4. Serve the Tenant the Claim

You must serve the former tenant a copy of the claim via registered mail, courier, or in-person. Then file an Affidavit of Service with the court.

5. Attend Your Hearing

If the tenant doesn't respond, you may get a default judgment. If they do, prepare to present:

• Payment history
• Communications about rent
• Proof of the tenant moving out

What If the Tenant Refuses to Pay After Judgment?

If the court rules in your favor and the tenant still doesn’t pay, you can:

• Hire a collections agency
• Garnish their wages through a court order
• Seize assets or bank funds via a Writ of Seizure

This may take time and additional fees but is often worth it for large unpaid amounts.

How to Avoid Unpaid Rent in the Future

Final Thoughts

Knowing how to collect unpaid rent after a tenant moves out in Ontario can save you thousands. While the Small Claims Court process takes effort, it’s often your best legal option.

Need help recovering unpaid rent?

Our experts can guide you through the legal process. Book a free consultation or download our free Ontario rent recovery checklist.