How to Enforce an Eviction Order in Ontario
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So, you’ve got an eviction order from the Landlord and Tenant Board (LTB). Now what? This guide outlines the Ontario eviction enforcement process, with practical strategies to help landlords navigate it effectively.
When Does the Tenant Have to Vacate the Property?
If a landlord prevails at an LTB hearing seeking their tenant’s eviction, the LTB will issue a written order that specifies the day by which the tenant must leave the unit (the “Termination Date”). The LTB will email and/or mail a copy of the order to both the landlord and tenant.
The Termination Date will often be 1-3 months after the date of order issuance. The LTB is only required to provide eleven (11) days’ notice of termination following issuance of an order, but it rarely provides such short notice.
Often tenants will vacate before the Termination Date. They may do so at any time prior to the Termination Date. No amount of notice (e.g., 60 days, 10 days, etc.) to the landlord is required under these circumstances.
Tenants vacating pursuant to an LTB eviction order do not have to provide the landlord with an N9 or any other formal notice form, since an N9 is a Tenant’s Notice to Terminate a Tenancy. An LTB eviction order terminates the tenancy and will state as much explicitly, thereby rendering use of any such notice form by a tenant unnecessary. Any landlord or agent thereof claiming use of a notice form is required under these circumstances, where the tenancy has been terminated by LTB order, is either lying or mistaken.
Tenants are, however, advised to notify the landlord in writing (preferably by email) of when they are leaving and when they have left their unit. They should leave the unit in ‘broom clean’ condition and take pictures of the vacant unit to avoid potential future claims for damage or extensive cleanup expenses.
Several years ago, our firm participated in a Small Claims Court case where we represented tenants against a corporate landlord that falsely alleged our clients did not vacate for several months after their eviction order’s Termination Date. The landlord also falsely claimed that even had our clients timely departed, they were required to provide the landlord with an N9 notifying them. The landlord was seeking a little under $20,000 in daily rate payments (explained below) for this time period. Thankfully, the tenants had provided written notice by email to the landlord of their departure, which occurred prior to the eviction order’s Termination Date. We submitted that email as evidence and were successful in defeating the landlords claims at the hearing.
What if the Tenant Does Not Vacate by the Termination Date?
If the tenant does not vacate voluntarily by the Termination Date, as of the next day, the landlord will be entitled file the eviction order with their local Court Enforcement Office (the “Sheriff’s Office”) and request that they enforce the eviction order.
Practically speaking though, if an eviction order has been issued, the parties have attempted to communicate and establish a departure date, and the tenant is evidently still refusing to vacate, the landlord should:
Email their local Sheriff’s Office with a copy of the eviction order and applicable forms (as discussed below);
Ask what fee they will be required to pay (as this varies based on the locations involved); and
Prepare to physically mail the eviction order, applicable forms, and a cheque for the requisite fee (collectively, the “Eviction Package”), to the Sheriff’s Office as soon as the Termination Date passes, so the Sheriff’s Office can enforce the eviction as quickly as possible.
These offices are often overworked and understaffed, meaning you often must be assertive in dealing with them.
If the Sheriff’s Office does not respond within 48 hours to the email, the landlord should send a follow-up email and call the Sheriff’s Office. If another 48 hours passes without response, the landlord should send another follow-up email cc’ing the Ontario Ombudsman (info@ombudsman.on.ca) and their local MPP, noting that the Sheriff’s Office has been unresponsive to their communications thus far and it is not acceptable. A standalone email should also be sent to the Ombudsman, with the sheriff’s office and MPP cc’d, as the Ombudsman may ignore an email not explicitly directed to its attention.
The landlord should demand that the Sheriff’s Office advise as to what fee will be required for enforcement. If a landlord’s mails the wrong amount, the Sheriff’s Office – instead of simply calling or emailing them to let them know – may instead mail the entire package back to them advising that the wrong amount has been paid. Essentially, be prepared to deal with nonsensical and inefficient bureaucracy.
Eviction orders also typically establish a post-Termination Date daily rate that tenants are liable to pay to the landlord, should they refuse to timely depart. However, unless the tenant remains in the property for a long time post-Termination Date, this amount is often too small to be worth the claims process, so it is in a landlord’s interest to simply have the eviction enforced as soon as possible. However, any daily rate owing can be registered against the tenant’s credit report through services like FrontLobby and SingleKey, and this fact can be used as leverage to persuade a tenant to timely vacate.
How to File an Eviction Order with the Sheriff’s Office
The Sheriff’s Office is the only authority in Ontario legally permitted to physically remove a tenant from their unit. A landlord cannot enforce the order personally by changing the locks or other means. They must follow the formal enforcement process or face potential legal consequences.
The landlord must file a copy of the eviction order with their local Sheriff’s Office, along with the official eviction request form and the requisite fees. After processing it, the Sheriff will set a lockout date, whose timing will depend on how busy the region is at the time of the request. They will send a notice of enforcement to the tenant and inform the landlord of the lockout’s date and time. The landlord or an agent thereof must be present to facilitate the eviction, and a locksmith should be present to change the locks and prevent the tenants from re-entering once removed.
As noted above, the Sheriff’s Office will charge the landlord a fee to enforce the order. The fee varies slightly based on the location of the property and enforcement office. It is advisable to be aggressive in having the Sheriff’ Office confirm the exact amount that must be sent by cheque prior to anything being mailed, otherwise the enforcement may be delayed.
We have communicated to the Ford government that the current policy of requiring fees to be paid by mailed cheque results in delays and inefficiencies. So far, no changes have been made to this system.
What Happens After the Eviction Package has been Filed with the Sheriff’s Office
After the Eviction Package has been filed, the landlord should follow-up with the Sheriff’s Office every 3-4 days by email and/or phone to inquire as to when the enforcement will take place. The Sheriff’s Office will otherwise call and/or email the landlord to advise as to when it will take place. The Sheriff’s Office will also send the tenant a notice of enforcement, typically by email.
As noted above, it is often impractical for the landlord to go through the process of claiming post-Termination Date amounts owing, and as discussed below, the sooner a tenant has vacated the less likely it is that they will be able to file for review and/or appeal in view of obtaining a stay. Hence, it is in the landlord’s interest to push for eviction enforcement to occur as soon as possible.
Our friends at OpenRoom have also published a helpful post with more information about what happens on and after the eviction enforcement day.
What if the Tenant Obtains a Stay of Eviction?
It is not uncommon for a tenant to file a request for internal LTB review, and/or Divisional Court appeal, of the eviction order to secure a temporary stay of the eviction, even where no genuine legal error in the LTB’s decision exists.
Request for Internal LTB Review
If the tenant files a request for an internal LTB review, the LTB may deny the request by written order without a hearing, or it will schedule a review hearing to evaluate the grounds for review. If a review hearing is to be scheduled, the LTB will issue a stay (or ‘freeze’) of its eviction order during which time it may not be enforced. If a tenant loses their review hearing, the stay will be lifted by subsequent LTB order. If they win, the matter will be reheard either immediately or on another date to be scheduled by the LTB.
Appeal to Divisional Court
If a tenant files for Divisional Court appeal (which they can do both (i) without filing for LTB review; or (ii) if their request for review is denied by the LTB), the Divisional Court will issue a certificate of stay that the tenant can provide to the Sheriff’s Office. Until the stay is lifted by subsequent order, the eviction may not be enforced.
When this occurs, landlords must act quickly and strategically to:
Maintain organized records of the original LTB proceedings;
Potentially engage a lawyer to assist with the Divisional Court appeal process, to ensure procedural compliance and increase the likelihood of lifting the stay quickly (note: Ontario paralegals are not permitted to represent clients in Divisional Court);
Work to file the necessary response materials swiftly; and
Take action to have the court schedule a case conference as soon as possible, which can be used to establish a schedule of document exchange and potentially establish interim requirements (e.g., timely payment of rent, arrears, etc.).
Prompt action can help ensure that the eviction moves forward without unnecessary delay. Without it, 'temporary’ stays may stretch for weeks, months, or years.
If a tenant’s appeal fails, or they violate a condition of their stay, the landlord will have to file the resulting order lifting the stay with the Sheriff’s Office, along with the rest of their Eviction Package.
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