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Eviction process

Eviction procedure by sheriff 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. What you must do depends on whether or not there was a hearing.

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. You might be able to stop the eviction by asking the Board to review the decision or by filing an appeal in court if either of these things happened.

If you did not go to 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.

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.

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. 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. 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. You will then have take action very fast to try to stop the eviction. 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 get forms for filing this motion from the Board web site. See the Tenant Duty Counsel Program for further information about how to file the motion, 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.

You can only get physically evicted you or locked out by the Sheriff, but not your landlord, a private bailiff, or a security guard.

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.

Your success is our Passion!

Navtaj Chandhoke

Navtaj Chandhoke is a veteran Canadian Real Estate investor, Master Coach/Mentor/Speaker
& Canadian hard money lender . Join now
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