LandlordEzy

Tenant moved out owing rent — how long do I have to take action?

by LandlordEzy Team · · 1 views 🆘 Paralegal review
Common situation: tenant moved out (either with notice, abandoned, or after an order). They owe rent arrears. The tenancy is now over.

What are the deadlines I'm working against to recover the money, and what does the process actually look like?

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OLH Property Management 📌 Pinned ·
Three different clocks are running, depending on which path you take:

**Path 1 — LTB L9 (former tenant rent arrears):**
- **1-year limitation** from the date the tenant moved out
- Filed at the LTB
- Cheaper filing fee
- Hearing wait 3-5 months currently

**Path 2 — LTB L10 (former tenant damage):**
- Also **1-year limitation** from move-out
- For damage, NOT for rent
- Same court, often combined with L9 in one application if you have both arrears and damage

**Path 3 — Small Claims Court:**
- **2-year limitation** from when the debt was discovered
- Use this if the LTB 1-year window has passed, OR if you want direct access to SCC enforcement powers

**Practical advice:**

1. **Don't sit on it.** Even a week's delay can cost you crucial evidence (the unit gets cleaned, photos lose context, the tenant's last known address goes stale).
2. **File LTB L9 + L10 together** if you're within 1 year and have both arrears and damage. Single filing, single hearing, single order.
3. **Convert any LTB order to an SCC order** afterward for enforcement. The LTB order on its own doesn't give you garnishment / writ-of-seizure power.
4. **Document the tenant's last known address.** A forwarding address (post office change-of-address, social media, mutual contacts) is gold for serving SCC papers later.

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