Undoubtedly, most landlords and tenants deal with each other peacefully and with a required degree of dignity. Well…  The fact, nonetheless, is that the Landlord and Tenant Board looks like the busiest quasi-judicial body in the province. Conflicts between landlords and tenants are an unfortunate reality of everyday life. 

The Landlord and Tenant Board

The Landlord and Tenant Board has exclusive jurisdiction over almost all landlord and tenant disputes.  Nevertheless, some of them end up in the Small Claims Court.

Small Claims Court

The Small Claims Court is the appropriate judicial venue for a landlord after the tenant moves out. The reason is that the Landlord and Tenant Board loses its jurisdiction over a landlord’s claim the moment this happens.

Types of the Small Claims Court arising out of landlord-tenant disputes

Some small claims arising out of landlord-tenant disputes deal with damages to the rental unit. However, as can be expected, the vast majority of cases that end up in Small Claims Court are about unpaid rent. Grounds for such small claims are usually of three different kinds:

1. The tenant leaves without paying.
2. The tenant vacates the rental unit without a 60 days notice. Though tenants often contest that, this is a legitimate ground for a Small Claims Court lawsuit.  The Residential Tenancies Act does not allow a tenant to leave without such notice.  
3. The tenant leaves before the written contract with the landlord expires. In most cases, this contract is for 12 months. Generally, a tenant is under obligation to stay until the contract for the fixed term expires.

Damages the landlord can claim in small claims court

• Where there is no dispute about the tenant’s right to leave the term of the rental agreement expires, the amount of a landlord’s claim may be as small as rent for one month or even a part of the month.
• It is different when the tenant left before the time set out in the agreement. The claim may be for several months of rent, and the amount of the lawsuit can be significant.

evidence

• As in most other small claims cases, the best way to prove a case for both parties is to have written evidence.
• The landlord, for instance, should be able to produce a copy of the agreement, supporting the claim that the tenant left well before the agreement came to an end.  
• The tenant, on the other hand, in many circumstances, should have a copy of the notice to terminate the tenancy, which was served on (provided to) the landlord within the prescribed time limit. It would also be a good practice to have some proof of service of the notice.

mitigation of damages

• Finally, mitigation of damages is an important factor to consider in these Small Claims Court cases.  
• The landlord cannot count on a significant amount of rent money if he or she did nothing to find a new tenant after the previous one left in violation of the conditions of the rental agreement.

Contact Spectrum Paralegal for help if your tenant left without paying.