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Unpaid Rent

Normally a Landlord should file an application to the Landlord and Tenant Board in respect of unpaid rent. However, when a tenant moves out of rental unit, the landlord can't file to the LTB for outstanding arrears of rent. The only option for the landlord is to file a claim in court regarding to the amount owed by the tenant. 

Before you files a claim against ex-tenant, you need to know what is the jurisdiction of the Small Claims Court over residential tenancy disputes. As a landlord, you are entitled to get unpaid rent back through Small Claim Court. However, if you claim the damage to the rental unit, the court need to put a test whether the landlord could or could not have discovered the damage by reasonable diligence prior to the eviction. If you are not satisfied with the decision of the LTB, you can't file a new claim again with the same fact in Small Claims Court because it would have been dismissed as res judicata.

If you are a tenant who has moved out, you have up to one year to file a complaint against your former landlord at the Ontario Landlord and Tenant Board (LTB).

If you want to seek your remedies with respect to unpaid rent, do not hesitate to contact us for free 30 mintutes' consultation, and we can give you appropriate advices about  the forum and proceeding. 

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