Receiving an eviction order from the Landlord and Tenant Board (LTB) is a significant step toward regaining possession of your rental property. However, many Ontario landlords are surprised to learn that an eviction order does not always result in a tenant leaving voluntarily. If a tenant remains in the rental unit after the termination date set out in the order, it is important to understand your legal rights and obligations under the Residential Tenancies Act, 2006 (“RTA”).

Although the situation can be frustrating, landlords must continue to follow the legal process. Taking matters into your own hands can create costly legal problems, expose you to liability, and delay the eviction even further.

An Eviction Order Does Not Authorize Self Help

One of the most common misconceptions among landlords is that they can immediately change the locks or remove a tenant’s belongings once the eviction date has passed. This is not permitted under Ontario law.

The RTA does not allow landlords to personally remove tenants from a rental unit. Even after obtaining an eviction order from the LTB, landlords cannot change the locks, disconnect utilities, remove personal property, or otherwise force a tenant to leave. These actions may be considered an illegal eviction and could result in financial penalties or an application being brought against the landlord before the LTB.

Only the Sheriff Can Enforce an Eviction Order

In Ontario, only the Court Enforcement Office, commonly known as the Sheriff’s Office, has the legal authority to physically enforce an eviction order.

If a tenant remains in possession after the termination date, the eviction order must be filed with the Court Enforcement Office serving the municipality where the rental property is located. Once the required enforcement fee has been paid, the Sheriff will schedule the eviction and provide notice to the tenant.

If the tenant still refuses to vacate the property, the Sheriff will attend the rental unit on the scheduled date and restore possession of the property to the landlord.

How Long Does Sheriff Enforcement Take?

Many landlords expect an eviction to occur immediately after receiving an eviction order. Unfortunately, that is rarely the case.

The time required for Sheriff enforcement varies across Ontario and depends on the volume of enforcement requests in the local jurisdiction. Some offices may be be able to schedule an eviction within a few weeks, while others may require considerably more time.

During this waiting period, landlords should continue to comply with the RTA and avoid taking any action that could interfere with the tenant’s legal rights. Attempting to pressure a tenant into leaving before the Sheriff attends can undermine the enforcement process and may expose the landlord to legal consequences.

What Happens After the Sheriff Removes the Tenant?

Once the Sheriff has completed the eviction, legal possession of the rental unit is returned to the landlord.

At that point, the landlord may immediately change the locks to secure the property. If the tenant has left personal belongings behind, the landlord must comply with the rules set out in the RTA regarding abandoned property. In most cases, tenants have a limited period following the eviction to retrieve their belongings before the landlord may dispose of them in accordance with the legislation.

Before disposing of or selling any personal property, landlords should ensure they fully understand their obligations under the RTA.

Can an Eviction Be Delayed?

Yes.

In some circumstances, a tenant may file a Request to Review with the LTB or obtain a stay of the eviction through the courts. If enforcement has been stayed, the Sheriff cannot proceed until the stay has been lifted.

While these situations are relatively uncommon, they can create additional delays. If you receive notice that an eviction has been stayed, it is important to obtain legal advice immediately before taking any further steps.

Avoiding Delays Throughout the Eviction Process

Many enforcement issues begin long before an eviction order is issued.

Incorrect notices, improper service, insufficient evidence, or procedural errors can result in an application being dismissed or significantly delayed. Working with experienced legal professionals throughout the eviction process can help ensure notices are properly prepared, deadlines are met, and evidence is presented effectively before the LTB.

Taking the correct steps from the outset often results in a faster and more efficient resolution, saving landlords both time and money.

How Landlord First LLP Can Help

At Landlord First LLP, we represent Ontario landlords throughout every stage of the eviction process. Our team regularly assists with non payment of rent applications, persistent late payment of rent, unauthorized occupants, tenant damage claims, N12 and N13 applications, LTB hearings, and Sheriff enforcement following an eviction order.

Our flat fee legal services provide Ontario landlords with practical advice and experienced representation designed to protect their rental properties while ensuring full compliance with the RTA.

If your tenant has refused to leave after an eviction order has been issued, our team can help you understand your options, navigate the enforcement process, and work toward regaining possession of your rental property as efficiently as Ontario law permits.