The Eviction process by The Sheriff in Ontario
The Eviction process by sheriff in Ontario can be quite complicated when you have no idea. How the system works. Eviction procedure by sheriff in Ontario protects both landlords and 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
Since the Board member at the hearing agreed with your landlord or because you missed the hearing, the Board may have made the eviction order. By asking the Board to review the decision or by filing an appeal in court
If you went to the hearing and want to ask the Board to review the decision, see the Tenant Duty Counsel Program.
If the eviction is based on you owing rent, you might also be able to stop it by paying everything you owe plus your landlord's legal expenses.
However you have to act as soon as possible and you have to follow exactly the right steps. So it is best to get more detailed information or legal help first.
The order will tell you the date it will become enforceable and the total amount you have to pay before that date to make the order "void". See the Tenant Duty Counsel Program if you are able to 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.
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.
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. To try to stop the eviction you will then have take action immediately.
a motion must be filed by you 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 download forms for filing this motion from the Board web site. For further information about how to file the motion, see the Tenant Duty Counsel Program
Enforcing an eviction order by Sheriff in Ontario
The order is carried out and enforced by the Sheriff if the eviction order is not stopped. 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.
The law does not let your landlord, a private bailiff, or a security guard physically evict you or lock you out — only the Sheriff can do this.
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.
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, some non-profit landlords give tenants more than 72 hours to get their things. 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.
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