Introduction

For many Ontario landlords, receiving an eviction order from the Landlord and Tenant Board (“LTB”) feels like the finish line. In reality, it marks the beginning of the enforcement stage. Understanding what happens next, particularly the role of the Sheriff, is critical to actually regaining possession of your rental property.

An LTB eviction order is a legally binding decision issued under the Residential Tenancies Act, 2006 (“RTA”) that may terminate the tenancy and require the tenant to vacate. However, the order itself does not physically remove the tenant. Only the Court Enforcement Office, commonly referred to as the Sheriff, can carry out a lawful eviction.

The Termination Date: The Tenant’s Final Opportunity

Every eviction order includes a termination date. This is the deadline by which the tenant must vacate voluntarily. The order provides the tenant with a final opportunity to leave before further enforcement steps are taken.

Section 80 of the RTA confirms that an eviction order cannot take effect earlier than the termination date set out in the order, subject to limited exceptions. Practically, this means landlords must wait until the termination date has passed before taking the next enforcement step.

Step One: Filing the Order with the Sheriff

If the tenant does not vacate by the termination date, the next step is to file the eviction order with the Court Enforcement Office. This filing is what initiates enforcement.

Under Ontario law, eviction orders are enforced in the same manner as a writ of possession. It is also critical to act promptly, as section 81 of the RTA provides that an eviction order expires if it is not filed with the Sheriff within six months of becoming effective.

Step Two: Sheriff Scheduling and Notice

Once the order has been filed, the Sheriff will schedule the eviction. In most cases, notice of the enforcement date is provided to the tenant in advance.

The timing of enforcement varies depending on the jurisdiction and the Sheriff’s scheduling capacity. This step often introduces additional delay, as enforcement operates separately from the LTB process.

Step Three: The Sheriff Attends the Property

On the scheduled date, the Sheriff attends the rental unit to enforce the eviction. This is the only stage where a tenant can be lawfully removed if they remain in possession.

Once vacant possession is delivered, the landlord may secure the unit, typically by changing the locks.

Important Legal Consideration: No Self-Help Evictions

Landlords must not attempt to evict tenants themselves. Actions such as changing locks early or removing belongings without lawful authority may expose a landlord to liability under the RTA.

The Sheriff’s authority is exclusive at the enforcement stage, and strict compliance with the statutory process is required.

Last-Minute Tenant Remedies

Even after an eviction order is issued, tenants may have limited rights in certain circumstances. In non-payment cases, a tenant may be able to bring a motion to set aside the eviction if the required payment is made before the order is executed.

This creates a narrow window where enforcement may be delayed or stopped, which landlords should be aware of when preparing for Sheriff enforcement.

Common Mistakes to Avoid

Common errors at this stage include assuming the LTB enforces eviction orders automatically, waiting too long to file with the Sheriff, attempting self-help eviction, and failing to account for scheduling delays. Each of these can result in significant setbacks.

Conclusion: Enforcement Is a Separate Step

A key takeaway is that obtaining an eviction order and enforcing it are distinct legal steps. The order establishes your right, but only the Sheriff can enforce that right and restore possession of the unit.

If you have obtained an LTB eviction order and are unsure how to proceed, Landlord First LLP can help. Our team focuses exclusively on representing Ontario landlords and guiding them through enforcement.

Call us today to ensure your eviction order is enforced properly and without unnecessary delay.