Under the landlord and tenant board and the residential tenancy act, the landlord must obtain an order from the Superior Court of Justice to evict a tenant in the province of Ontario. If the tenant does not leave by his own free will, then there are privileges available for the landlord to utilize: such as the services of an enforcement officer (Sheriff).
The landlord files a motion in the Superior Court of Justice for eviction, which is very similar to a writ of possession. Once the court has given the order, then the landlord must present one certified order issued by the landlord and tenant board to the tenant and one copy of the order to the enforcement office together with eviction information request sheet.
The landlord will then be provided with instructions from the Sheriff’s office, which includes the vacate date and time. The Sheriff will send a notice to the tenant, a notice to vacate, instructing the tenant to leave the rental property on or before a specified date and time. If the tenant fails to vacate by the date specified in the Sheriff’s notice to vacate then the landlord must contact the Sheriff’s office to schedule the eviction.
The landlord will be informed of the date and time where the Sheriff will attend the rental property in person to enforce the eviction order. The landlord is required to arrange a locksmith to change the lock of the rental unit. The landlord is also required to pay a fee specified by the Sheriff’s office plus the mileage from the Sheriff’s office to the rental property.
Once the order is enforced and the tenant is evicted, then the landlord has possession of the rental property. Once a tenant has been evicted the landlord must wait a 72 hour period following the eviction before selling, retaining or disposing of the personal property of the tenant. In case there are pets, the enforcement officer (Sheriff) will usually make the appropriate arrangements for the humane society to remove the pets, or the landlord should contact the local authorities.
In case the tenant shows up to claim his/her personal belongings within a 72 hours period, the landlord is required to make the belongings available for retrieval between the hours of 8 am to 8 pm.
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