Posted on 06 August 2013.
Eviction Procedure by Sheriff in Ontario
Eviction procedure by sheriff in Ontario might not be easy to understand when you have no concept about it. How the system works. Eviction process by sheriff in Ontario protects both the landlords as well as tenants.
Being a Canadian Real Estate investor, you will encounter situations where you have no choice but go through the system.If the Landlord and Tenant Board make an eviction order against you, you must do something about it right away if you do not want to move. Depending if there`s any hearing , you must have to do whatever you have to.
If there was a hearing but you were not there
The Board may have made the eviction order because the Board member at the hearing agreed with your landlord or because you missed the hearing. If either of these things happened, you might be able to stop the eviction by asking the Board to review the decision or by filing an appeal in court.
If you did not show up the hearing and want to ask the Board to review the decision, see the Tenant Duty Counsel Program.
If you went to the hearing and want to ask the Board to review the decision, see the Tenant Duty Counsel Program.
By paying everything you owe plus your landlord’s legal expenses, you might also be able to stop it if the eviction is based on you owing rent.
But you must act as quickly as possible and you must follow exactly the right steps. Therefore it is advised to get more detailed information or legal help first.
The order will let you know the date it will become enforceable and the total amount you have to make the payment before that date to make the order “void”. If you can pay that amount before that date, see the Tenant Duty Counsel Program. See the Tenant Duty Counsel Program if you cannot pay the full amount before that date, or if that date has already passed.
If there was no hearing
In some situations, the Board can make an eviction order without holding a hearing. Sometimes, this is known as an “ex parte” order.
Without having you received any notices, your landlord can apply for an ex parte order, if your landlord claims that:
you and your landlord agreed that you would move out,
you gave your landlord a notice saying you would move out, or
you have not followed a Board order or mediated agreement related to an earlier eviction application, and that order or agreement says that your landlord can do this.
If your landlord applies for an ex parte order, you might not find out about it until the Board sends you a copy of the order. You will then have to act very quickly to try to stop the eviction.
You must file a Motion to Set Aside an Ex Parte Order with the Board as soon as possible. Nevertheless, to be safer you must do this within 10 days after the date of the order.
You can get forms for filing this motion from the Board web site. For more information about how to file the motion, see the Tenant Duty Counsel Program
Enforcing an eviction order by Sheriff in Ontario
If the eviction order is not stopped, the Sheriff is the official who is in charge of enforcing or carrying out the order. If you have not moved out by the date the eviction order says you must move, the Sheriff can make you leave and can let your landlord change the locks.
Not your landlord, a private bailiff, or a security guard but only the Sheriff by law can physically evict you or lock you out.
Protecting the belongings of the tenants
You have only 72 hours (3 full days) to take your belongings if you are evicted by the Sheriff. This rule applies even over a weekend or a holiday.
During this period of time, your landlord must keep your things in or near your place, and must let you get them any time between 8 a.m. and 8p.m It is against the law for your landlord not to do this.
You and your landlord can agree to different rules about this. This agreement should be on papers. After an eviction, tenants are given more than 72 hours to get their things by some non-profit landlords. If you live in non-profit housing, check your lease or ask what your landlord’s rule is for this.
Nevertheless, if you move out after the Board makes an eviction order but before the Sheriff comes to change the locks,the law is not clear about whether you have 72 hours to get your things out of your place. So try to take everything with you right away when you move.