Can I sue a tenant for unpaid rent in small claims court in Canada?

What the Law Says

Small claims courts across Canada are provincial tribunals designed to resolve civil disputes quickly and affordably — including landlord-tenant rent arrears — without requiring lawyers.

Each province sets its own monetary limit, filing rules, and procedures for small claims. For example, Ontario’s Small Claims Court handles claims up to $35,000 under section 22(1) of the Courts of Justice Act. In British Columbia, the limit is $35,000 under the Civil Resolution Tribunal Act and Supreme Court Civil Rules, while Quebec’s Small Claims Division (Tribunal administratif du logement handles residential rent disputes separately, and the Cour du Québec (Small Claims Division) hears claims up to $15,000.

The right to sue for unpaid rent arises from the tenancy agreement — a legally binding contract — and provincial residential tenancy statutes do not bar landlords from pursuing arrears in small claims court, even after eviction. However, some provinces (like Quebec and Nova Scotia) require landlords to first pursue remedies through dedicated rental boards before accessing small claims.

Statutory limitation periods apply: in most provinces, including Ontario, Alberta, and BC, you generally have two years from the date each rent payment was due to file a claim — though Ontario’s Limitations Act, 2002 sets a broader basic limitation period of two years, and some courts treat rent as a 'demand obligation' triggering the clock upon default. Quebec applies a three-year prescription period under article 2925 of the Civil Code of Québec.

Statutory Text

The Small Claims Court has jurisdiction in any matter in which the amount claimed does not exceed thirty-five thousand dollars.

— Courts of Justice Act, R.S.O. 1990, c. C.43, s. 22(1)

What to Do

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