Both are open to you — but there are timing rules you have to know:
**L10 at the LTB (former tenant compensation):**
- Filed for damage caused during the tenancy
- **1-year window** from the date the tenant moved out — miss this and L10 is gone forever
- Cheaper filing fee than SCC
- LTB hearing wait is currently 3-5 months
- Maximum recovery under L10: same $35,000 monetary jurisdiction as SCC
**Small Claims Court:**
- 2-year limitation period from the date the damage was discovered (longer window if you missed the L10 deadline)
- Higher filing fee (~$100-$200)
- Independent enforcement powers — garnishment, writs of seizure, examination of debtor in aid of execution
- Trial wait varies by region but often similar to LTB
**The practical answer for most landlords:**
1. **If you're within 1 year of move-out:** file L10 with the LTB. Cheaper, the LTB already knows the file context, and you can convert the order to SCC for enforcement later if needed.
2. **If 1+ years have passed:** file in Small Claims directly. L10 window is closed.
Evidence package needed for both: before/after photos with metadata, contractor invoices (line-itemed), expert estimates if structural, the original move-in inspection report.
VirtualPM Legal Shield includes L10 prep + filing at the $199/month tier. Book a free 15-minute consult.
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**L10 at the LTB (former tenant compensation):**
- Filed for damage caused during the tenancy
- **1-year window** from the date the tenant moved out — miss this and L10 is gone forever
- Cheaper filing fee than SCC
- LTB hearing wait is currently 3-5 months
- Maximum recovery under L10: same $35,000 monetary jurisdiction as SCC
**Small Claims Court:**
- 2-year limitation period from the date the damage was discovered (longer window if you missed the L10 deadline)
- Higher filing fee (~$100-$200)
- Independent enforcement powers — garnishment, writs of seizure, examination of debtor in aid of execution
- Trial wait varies by region but often similar to LTB
**The practical answer for most landlords:**
1. **If you're within 1 year of move-out:** file L10 with the LTB. Cheaper, the LTB already knows the file context, and you can convert the order to SCC for enforcement later if needed.
2. **If 1+ years have passed:** file in Small Claims directly. L10 window is closed.
Evidence package needed for both: before/after photos with metadata, contractor invoices (line-itemed), expert estimates if structural, the original move-in inspection report.
VirtualPM Legal Shield includes L10 prep + filing at the $199/month tier. Book a free 15-minute consult.