I filed for eviction against my tenants and believe they won’t leave until the Sheriff comes. Can I request for the tenants to pay the Sheriff fee and the application fee? If so, how and when do I do this? Can we also ask for money for damages?

If you are successful in obtaining an order for termination and arrears, the order will require the tenant to pay the whole rent, and usually the application fee of $201 (in-person filing) and $186 (online through e-File) in order to avoid the eviction. If the tenants then fail to leave or pay and you have to file for enforcement of the order with the Sheriff, then the tenants would have to pay that fee as well in order to avoid eviction. If the tenants are  evicted and you want to try to re-coup rent arrears and the fees, you would do that later on through Small Claims Court. You cannot make mention of damages done to the unit at the hearing unless you claimed these amounts by filing an L2 application when you filed the L1 for rent arrears.  However, as of September 1, 2021, landlords can file an application for damages (including Sheriff’s fees) with the LTB within one year from the date the tenant was no longer in possession of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, you will need to know the tenant’s new residential address.

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