Sheriff Eviction process in Ontario
Sheriff Eviction procedure in Ontario can be quite complicated 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, in certain circumstances, 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
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 did not attend 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.
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.
However you have to act as soon as possible and you have to follow exactly the right steps. So it is recommended 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 are able to pay that amount before that date, see the Tenant Duty Counsel Program. if that date has already passed or if you cannot pay the full amount before that date,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 known as 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.
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. to set a side an Ex Parte Order you must file a Motion as soon as possible. Nevertheless, to be safer you must do this within 10 days after the date of the order.
You can download from the Board website forms for filing this motion.
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.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.
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
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.
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 on papers. After an eviction, tenants are given more than 72 hours to get their things by some non-profit landlords. Confirm with what your landlord's rule and check your lease for this if you live in non-profit housing.
However, 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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