Real Estate

Small Utilities Claims platform

  • Last Updated:
  • Sep 1st, 2021 10:48 am
[OP]
Member
Jun 14, 2011
240 posts
34 upvotes
EAST YORK

Small Utilities Claims platform

Hi, I have to recover my arrears of Utilities bills which was not paid by my tenant when they left and now they are refusing to pay utilities bills which is around $800-$1000. How I can recover and which Provincial platform (tenant board) in Durham Region can help on this.
6 replies
Sr. Member
Nov 13, 2016
745 posts
393 upvotes
shakilhyd wrote: Hi, I have to recover my arrears of Utilities bills which was not paid by my tenant when they left and now they are refusing to pay utilities bills which is around $800-$1000. How I can recover and which Provincial platform (tenant board) in Durham Region can help on this.
Small claims court. Prepare yourself and file it yourself. Seeking paralegal help will defeat the gains.

After the judgement assuming it's in your favor, collection is another long process. So be prepared for it.

Wish you good luck.

CD
Deal Addict
User avatar
Jan 2, 2012
4181 posts
2118 upvotes
Toronto
shakilhyd wrote: Hi, I have to recover my arrears of Utilities bills which was not paid by my tenant when they left and now they are refusing to pay utilities bills which is around $800-$1000. How I can recover and which Provincial platform (tenant board) in Durham Region can help on this.
The rules are actually changing in a few days: https://tribunalsontario.ca/documents/l ... ct_EN.html
Landlord claims against former tenants
Currently, the LTB can only consider an application made by the landlord claiming compensation if the tenant is still living in the rental unit. Claims made after the tenant has moved out must be made at Ontario Small Claims Court.
As a result of the amendments to the RTA, a landlord will be able to claim compensation up to one year after the date the tenant moved out for the following reasons:
4. Compensation for expenses the landlord has incurred as a result of the tenant’s failure to pay utilities. s. 88.2


However as I assume your tenant has already moved out, I'm not sure if you will be able to follow this new rule as it may only apply to tenants that move out after Sept 1. But not sure on this so perhaps someone else can confirm or you can call the LTB.

If you need to follow the old rules, you'll have to sue the tenant in small claims court. Although considering the filing fees and then cost to actually try and recover the money, you may find it's not worth it for an amount less than $1K.
[OP]
Member
Jun 14, 2011
240 posts
34 upvotes
EAST YORK
My tenant moved out on Aug-29, 2021 so which rule/court will be applied for me to claim arrears from tenant?
Deal Addict
User avatar
Jan 2, 2012
4181 posts
2118 upvotes
Toronto
shakilhyd wrote: My tenant moved out on Aug-29, 2021 so which rule/court will be applied for me to claim arrears from tenant?
I think you need to go through small claims court since the tenant was not living there on Sept 1.

https://www.ontario.ca/laws/statute/06r17#BK117
Note: On September 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 87 (1) of the Act is repealed and the following substituted: (See: 2020, c. 16, Sched. 4, s. 18 (1))
(b) in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day subsection 18 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force. 2020, c. 16, Sched. 4, s. 18 (1).
[OP]
Member
Jun 14, 2011
240 posts
34 upvotes
EAST YORK
Can I claim through online OR should I submit the claim through Office?

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