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.
VirtualPM Legal Shield handles end-of-tenancy recovery from start to finish (L9/L10 → SCC enforcement) at the $199/month tier. Book a free 15-minute consult.
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**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.
VirtualPM Legal Shield handles end-of-tenancy recovery from start to finish (L9/L10 → SCC enforcement) at the $199/month tier. Book a free 15-minute consult.