Transcript: Eviction by Sheriff
NOTE: The enforcement of eviction orders are currently suspended due to the provincial lockdown and current Emergency Order, unless an expedited order has been issued.
Welcome to Landlord’s Self-Help Centre’s module about eviction by sheriff. The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider.
Residential Tenancies Act, 2006
In Ontario, the Residential Tenancies Act (RTA) is the provincial law that governs most residential rental agreements. It defines the rights and responsibilities of both landlords and tenants and outlines appropriate reasons for giving a notice of termination.
Ending a Tenancy
Under the Residential Tenancies Act, a tenancy can only be terminated in three ways:
- The tenant decides to leave and gives notice,
- The landlord and tenant come to an agreement, or
- The landlord serves a Landlord and Tenant Board termination notice, and the tenant leaves based on the notice or once the landlord obtains termination from the Board
It is important to note that the Sheriff will not perform an eviction unless there is an order from the Landlord and Tenant Board (LTB).
Obtaining an Eviction Order
The landlord must file an application with the Landlord and Tenant Board to obtain an order terminating the tenancy before applying for an eviction by the Sheriff.
If the Landlord and Tenant Board issues an eviction order, the order will state the date of termination for the tenancy and outline when the landlord can file for eviction with the Sheriff if the tenant has not vacated.
Most orders require the landlord to wait until after the termination date on the order to file with the Sheriff, while others may allow the landlord to file with the Sheriff immediately.
Landlords should carefully read their Landlord and Tenant Board order to see when they are able to file for eviction with the Sheriff.
An eviction must be scheduled within six (6) months of the date the order to terminate is enforceable by the Sheriff.
Enforcing the Eviction Order
Once the landlord goes through the Landlord and Tenant Board to obtain a termination order, if the tenant does not vacate the unit by the date on the order, the next step is to enforce the order through the Sheriff.
Contacting the Court Enforcement Office
Visit the Attorney General’s website to find the court enforcement office closest to your rental unit, http://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/index.php. The eviction documents must be filed with the Sheriff who has territorial jurisdiction where the rental unit is located.
When filing for eviction, the landlord is responsible for providing the Sheriff with one certified copy of the Landlord and Tenant Board order along with a copy of the order, and a completed Eviction Information Request Sheet.
In order to save time and money, make sure to properly follow the Sheriff’s instructions.
Cost for Enforcing an Eviction Order
The cost for filing for eviction with the Sheriff is approximately $315 dollars plus kilometers travelled from the Sheriff’s office to the rental unit. Please note that prices are subject to change.
Sheriff’s Notice to Vacate
The Court Enforcement Office provides instructions about the eviction to both the landlord and tenant. It is very important that the landlord follows the instructions carefully if the tenant does not move out of the rental unit by the vacate date on the Sheriff’s Notice to Vacate.
The date and time provided by the Court Enforcement Office is an approximate date, delays may occur for various reasons. The landlord must be available to allow the Court Enforcement Officer (Sheriff) into the unit when they arrive. The eviction may be cancelled if this access is not provided and additional costs may be incurred by the landlord.
What happens when the tenant is evicted?
The landlord should be prepared to change the locks of the rental unit in the presence of the Sheriff. If the landlord is unable to do this themselves, they should hire a locksmith to be in attendance at the rental unit during the Sheriff’s eviction time.
Can the tenant stop the eviction?
If the Landlord and Tenant Board order for eviction is based on arrears of rent, the tenant can stop the eviction by filing a Motion with the Landlord and Tenant Board before the Sheriff attends the rental unit if they pay all the monies associated with the rental arrears owed to the landlord.
This Motion to void the eviction based on rental arrears can only be made once during the course of a tenancy.
If the tenant has pets…
Certain steps should be taken when dealing with eviction situations that include the presence of pets. In most cases, the Humane Society or SPCA can be contacted for assistance in dealing with this situation.
What about the belongings?
Once an eviction has taken place and the locks are changed, the tenant has 72 hours to arrange for the collection of their belongings.
Since the time for retrieval under the law is between 8am and 8pm, best practice would be to coordinate pick up times with the tenant throughout the course of the 6 days following the eviction.
What happens after 72 hours?
The landlord is legally allowed to sell, keep or dispose of the belongings if the tenant fails to retrieve them during the 72 hour collection period.
Landlord fails to make the belongings available…
Landlords who do not make the tenant’s belongings available for collection during the 72 hour period, or who dispose of the items before the 72 hour period is over may be subject to a complaint with the Rental Housing Enforcement Unit and/or an application at the Landlord and Tenant Board.
Thank you for watching this module about the eviction by sheriff. The information offered in this presentation is intended as general information, it is not legal advice. If you have a specific issue or situation, please contact a legal service provider.
This information in also available in a video format, visit https://landlordselfhelp.com/landlord-learning-modules/ for a directory of video modules.