What Happens If a Tenant Doesn’t Leave After an LTB Eviction Order?
You won at the LTB, and the tenant still hasn’t left. It is more common than landlords expect. Here is what you can and can’t do next, how Sheriff enforcement works and what can still pause it.
Key points
- Only the Court Enforcement Office (Sheriff) can enforce an eviction order.
- Changing the locks yourself is an offence, with fines of up to $100,000 for individuals and $500,000 for corporations.
- File the order with the Court Enforcement Office and pay its fee.
- A review request or set-aside motion can pause enforcement, so act quickly.
An eviction order ends the tenancy on paper. Getting the unit back is a separate step, and it has its own rules.
What you can’t do
You can’t remove the tenant, change the locks or take their belongings, even with an order in hand. Only the Court Enforcement Office of the Superior Court of Justice, often called the Sheriff, can enforce an eviction order. An illegal lockout is an offence, with fines of up to $100,000 for an individual and $500,000 for a corporation.
Filing with the Sheriff
If the tenant doesn’t leave by the date in the order, file a copy of the order with the Court Enforcement Office for the area where the unit is located and pay the enforcement fee. The LTB doesn’t enforce orders, so there is no LTB form for this step. The Sheriff will schedule a date.
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The Sheriff attends and gives you possession of the unit. Have a locksmith ready to change the locks once the Sheriff hands the unit over. See Sheriff enforcement.
What can pause enforcement
- A request to review the order, which must be made within 15 days.
- A motion to set aside an order made without a hearing, such as one based on an N11 or an L4, usually within 10 days.
- In rent cases, the tenant paying all arrears and costs into the Board before enforcement, which can void the order.
Respond quickly to any of these.
The tenant’s belongings
After the Sheriff enforces the order, you must make the tenant’s belongings available for them to retrieve for 72 hours, at the unit or a reasonable nearby location. After that, you can sell, keep or dispose of them. See tenant belongings after eviction.
Frequently asked questions
Can I change the locks after I get an eviction order?
No. Only the Sheriff can enforce the order. Changing the locks yourself is an offence.
How do I get the Sheriff involved?
File a copy of the LTB order with the Court Enforcement Office for the area and pay the enforcement fee.
Is there an LTB form to enforce an order?
No. The L4 is for breaches of conditional orders or settlements. Enforcement goes through the Court Enforcement Office.
What can stop the Sheriff?
A review request, a motion to set aside, or in rent cases, payment of the arrears and costs before enforcement.
What do I do with belongings left behind?
Make them available for 72 hours after the Sheriff enforces the order. After that, you can dispose of them.
About Bita Di Lisi
Bita is the lead paralegal at Stonegate Legal Services and is licensed by the Law Society of Ontario. She represents Ontario landlords at the Landlord and Tenant Board and teaches landlords and investors about notices, LTB timelines and the mistakes that cost months.
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