Winning your case at the Landlord Tenant Board (“LTB”) is a significant step for any landlord. However, many landlords are surprised to learn that obtaining an order is not the end of the process. In most cases, additional steps are required to actually enforce the order and obtain a practical result. This article explains how to enforce both eviction and monetary orders under Ontario law in a clear and straightforward way.
Understanding What an LTB Order Does
An LTB order is a legally binding decision that can do one or more of the following:
· Terminate the tenancy
· Require a tenant to vacate the unit
· Order payment of rent arrears or compensation
However, the order itself does not physically remove a tenant or automatically collect money. Separate enforcement processes are required. This distinction is critical. Winning your case establishes your legal rights, but enforcement is what makes those rights meaningful.
Two Types of Enforcement
The enforcement process depends on the type of order you received.
Eviction Orders – An eviction order allows you to regain possession of the rental unit.
Monetary Orders – A monetary order allows you to recover unpaid rent or other amounts awarded by the LTB.
Each type follows a different enforcement process.
Enforcing an Eviction Order
Step 1: Wait for the Termination Date
The LTB order will include a termination date. The tenant has until this date to move out voluntarily.
Step 2: File the Order with the Sheriff
If the tenant does not leave by the termination date, file the order with the Court Enforcement Office. Under the Residential Tenancies Act (Ontario), an eviction order is enforced like a writ of possession.
Step 3: Sheriff Issues Notice
The Sheriff will typically give the tenant notice of the eviction date.
Step 4: Sheriff Enforces the Eviction
Only the Sheriff can remove the tenant and change the locks.
Important Deadline: Filing Within Six Months
Under Section 81 of the Residential Tenancies Act (Ontario), an eviction order expires if not filed with the Sheriff within six months.
Enforcing a Monetary Order
The LTB does not collect money. You must use the courts.
Step 1: Request payment voluntarily.
Step 2: File the order with Small Claims Court to convert it into a judgment.
Step 3: Use enforcement tools such as garnishment or seizure.
Common Mistakes to Avoid
Waiting too long, attempting self-help eviction, and assuming the LTB enforces payment are common mistakes.
Conclusion
An LTB order must be enforced through the Sheriff or the courts. Prompt action ensures successful results.
If you need guidance enforcing an LTB order or recovering possession of your unit, contact Landlord First LLP for practical advice and legal support tailored to Ontario landlords.
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