If the tenant does not vacate voluntarily you will have to file for the enforcement of the order with the Sheriff’s office. You will find a Fact Sheet on this issue at www.landlordselfhelp.com/facts/2007_eviction_by_sheriff.pdf
The Board issued an order evicting my tenants but they have refused to leave. I’ve heard that enforcement by the Sheriff’s Office can cost up to $350. How can I get this reimbursed? Will I have to go to Small Claims Court to get the money back?
The only option you have to enforce the Order of the Landlord and Tenant Board is the Sheriff. The Sheriff’s fees can be recovered from the tenant when you are collecting on the Order received from the Board. One method of collecting is to file a Garnishment of Wages or Bank account which is done in Small Claims Court. You must have the information on where the tenant works to proceed with a garnishment. If you do not have this information you may have to go to a collection agency instead.
A tenant has up to one year after an eviction to file an application against the landlord at the Landlord and Tenant Board.