Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
Yes, a Tenant has the right to challenge an eviction order from the Landlord and Tenant Board, but it is important to understand that there is a difference between an Appeal and a Request to Review an Order. A Request to review is filed with the LTB based on an error in law or process while an Appeal is filed with Divisional Court. A Request to Review can temporarily delay enforcement if a stay is granted by the Board, and an Appeal may also stop the eviction if the Tenant obtains a court-ordered stay, but enforcement can proceed unless and until a stay has been placed.
In Ontario, you must file your Order with the Sheriff. You cannot change the locks yourself, even after receiving an eviction order from the Landlord and Tenant Board. Under the Residential Tenancies Act, only the Sheriff is authorized to enforce an eviction. A landlord who changes the locks, removes the tenants’ belongings, or otherwise takes back possession without the Sheriff, risks committing an illegal eviction, which can lead to serious penalties and fines.
Once the Sheriff has enforced the eviction order from the Landlord and Tenant Board, the tenancy is legally terminated, and the former tenant no longer has a right to enter the property except during the 72- hour period to retrieve belongings with the Landlord. If they attempt to enter after that or without permission, they are trespassing, and the landlord can deny access and contact the local police if necessary.
Once the Sheriff enforces an eviction order from the Landlord and Tenant Board, the Tenancy is terminated even if the tenant is not present, and the landlord regains lawful possession of the unit. Under the Residential Tenancies Act, the landlord must allow the former tenant 72 hours from the date and time of the enforcement to retrieve their belongings and cannot charge storage fees during this period. After the 72-hour window expires, the landlord may dispose of sell or keep the remaining property without further obligation.
If the tenant does not vacate voluntarily you will have to file for eviction with the Enforcement/Sheriff’s office. You will find a Fact Sheet on this issue at https://landlordselfhelp.com/media/2024-Eviction-by-Sheriff.pdf
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.