The Eviction process

The Eviction process by Sheriff in Ontario

 

The Eviction process
The Eviction process

The Eviction process by sheriff in Ontario can be quite complicated when you have no idea. 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, in certain circumstances, have no choice but go through the system.If an eviction order is been issued by the Landlord and Tenant Board against you, you must do something about it right away if you do not want to move. What you have to do depends on if there was a hearing or not.

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. 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 did show up the hearing and want to ask the Board to review the decision, see the Tenant Duty Counsel Program.

You might also be able to stop it by paying everything you owe plus your landlord's legal expenses 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. So it is best to get more detailed information or legal help first. Before that date to make the order "void" the order will let you know the date it will become enforceable and the total amount you have to make the payment If you can pay that amount before that date, see the Tenant Duty Counsel Program. If you cannot pay the full amount before that date, or if that date has already passed, see the Tenant Duty Counsel Program.

If there was no hearing Without holding a hearing, in some situations,the Board can make an eviction order. This is sometimes called an "ex parte" order. Your landlord is allowed to apply for an ex parte order, without giving you any notices, 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.

You might not find out about it if your landlord applies for an ex parte order until the Board sends you a copy of the order. To try to stop the eviction you will then have take action immediately. You must file a Motion to Set Aside an Ex Parte Order with the Board as soon as possible. However, you must do this within 10 days after the date of the order to be safer. You can download 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. Under the Sheriff allowance, the lock will be changed by the landlord if you have not moved out by the date the eviction order says you must move. 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

If you are evicted by the Sheriff, you have only 72 hours (3 full days) to take your belongings. This rule applies even over a weekend or a holiday. 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 during this period of time. 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 written down. After an eviction, tenants are given more than 72 hours to get their things by some non-profit landlords. Check your lease or ask what your landlord's rule is for this if you live in non-profit housing.

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.

 

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Navtaj Chandhoke
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