Even after the Landlord and Tenant Board (LTB) issues a formal eviction order in Ontario, a tenant can legally delay physical removal by 3 to 6 months (or more). This is achieved by utilizing Section 82 at the initial hearing, filing a Request to Review, requesting a stay of eviction, or appealing to the Divisional Court.
Facing eviction is one of the most stressful experiences an Ontario resident can endure. If you have fallen behind on rent, or if your landlord claims they need the unit for personal use, the Landlord and Tenant Board (LTB) may eventually issue a formal Eviction Order. However, receiving this piece of paper does not mean you have to pack your bags and be out on the street by midnight.
Ontario’s Residential Tenancies Act (RTA) is built to prevent sudden homelessness. There are multiple legal avenues a tenant in Windsor, Kitchener, or Toronto can use to pause, delay, or completely overturn an eviction order. Whether through highlighting a landlord’s maintenance failures or finding a critical legal error in the adjudicator’s ruling, understanding these legal tools is vital. However, the clock ticks incredibly fast once an order is issued, so action must be immediate. ⏳
Step-by-Step Legal Avenues to Delay or Stop an Eviction
Delaying an eviction requires strict adherence to legal deadlines. You cannot simply ignore the order; you must proactively file documents with the LTB or the courts to officially hit the “pause” button.
Step 1: Utilizing Section 82 at the Initial Hearing
The best way to delay an eviction is before the order is even finalized. If you are facing an L1 hearing for unpaid rent, Section 82 of the RTA allows you to raise any landlord breaches during that exact same hearing, without having to file your own separate application.
If you can prove the landlord ignored severe maintenance issues (like a broken furnace or chronic pests), the adjudicator may delay the eviction or order the arrears to be offset against the landlord’s negligence. You must inform the landlord of your intent to use Section 82 in writing before the hearing. 🔨
Step 2: Filing a Request to Review
If the LTB has already issued the Eviction Order, your first line of defence is filing a Request to Review. You typically have exactly 30 days from the date the order was issued to file this form.
You cannot request a review just because you are unhappy with the result. You must prove a “serious error” in law or fact was made by the adjudicator, or that you missed the hearing due to circumstances completely beyond your control (like a severe medical emergency). If accepted, the LTB will schedule a new hearing, effectively delaying the eviction for months. 🔍
Step 3: Requesting a Stay of Eviction
When you file a Request to Review, the eviction is not paused automatically. You must specifically check the box requesting a “Stay of the Eviction Order.”
If the LTB grants the stay, it means the landlord is legally forbidden from taking the order to the Sheriff (Court Enforcement Office) to physically remove you. The stay remains in place until your review hearing is completed. 🔒
Step 4: The Court Enforcement Office (Sheriff) Delays
If all reviews fail, the landlord must hire the local Sheriff to execute the eviction. The landlord cannot physically touch you or your belongings.
Depending on the city, the Sheriff’s office is often backlogged. Once the landlord pays the fee, the Sheriff will mail you a Notice to Vacate, usually giving you a final 7 to 14 days to leave. During the winter holidays or in busy jurisdictions like the GTA, getting the Sheriff to actually show up can delay the process by several additional weeks. 📅
How Much Does it Cost in Ontario?
Fighting an eviction involves some LTB filing fees, though low-income tenants can often apply for fee waivers. If you hire a paralegal, professional costs will apply. All figures are in Canadian dollars (CAD).
- Filing a Request to Review: $58 CAD (Can be waived if you qualify for a Fee Waiver).
- Motion to Void an Eviction (Paying Rent): $0 CAD.
- Licensed Paralegal Fees: Generally $800 to $2,500 CAD to draft a strong review and attend the new hearing.
- Sheriff Execution Fee: Approximately $330 CAD, plus mileage (Paid by the landlord, not the tenant).
| Legal Action | Estimated Filing Cost (CAD) | Potential Delay Gained |
|---|---|---|
| Section 82 Argument (At Hearing) | $0 | 1 to 3 months (if adjournment granted). |
| Request to Review + Stay | $58 | 3 to 6 months (waiting for new LTB date). |
| Appeal to Divisional Court | $200+ (High Legal Fees) | 8 to 12+ months. |
Appealing to the Divisional Court is incredibly expensive and complex. It requires a lawyer and is only permitted for strict errors of law, but filing the appeal automatically stays (pauses) the LTB eviction order.
How Long Does the Process Take?
If a tenant aggressively utilizes every legal avenue available, the timeline extends dramatically. From the day the initial eviction order is mailed, filing a Request to Review takes 30 days.
If the review is granted, waiting for the secondary LTB hearing takes another 3 to 5 months. If you lose that hearing, the landlord must wait for the Sheriff, which takes another 2 to 4 weeks. In total, a legally savvy tenant can often remain in the unit for 4 to 6 months after the first order is issued. 📆
Frequently Asked Questions (FAQ)
Can I stop the eviction by paying all the rent I owe?
Yes. If your eviction is strictly for rent arrears (Form L1), you can void the eviction order by paying the full amount of arrears, plus the landlord’s LTB filing fee, into the LTB trust account before the Sheriff arrives to lock you out.
Can the Sheriff evict me in the middle of winter?
Yes. There is a common myth in Ontario that you cannot be evicted during the winter months. This is entirely false. The Sheriff’s office executes LTB eviction orders year-round, regardless of snow or cold temperatures.
What happens to my belongings if the Sheriff locks me out?
Once the Sheriff executes the eviction, the landlord must legally give you exactly 72 hours to retrieve your belongings. During this window, the landlord must make the unit available to you from 8 AM to 8 PM. After 72 hours, they can sell or throw away your items.
Can the police evict me instead of the Sheriff?
No. Local police departments (like the Toronto Police Service) do not have the jurisdiction to perform residential evictions under the RTA. Only the Court Enforcement Office (the Sheriff) can physically enforce an LTB eviction order.
Do I need a paralegal to file a Request to Review?
While you can file it yourself, it is highly recommended to use a licensed paralegal or a community legal clinic. The LTB dismisses the vast majority of review requests without a hearing because tenants fail to properly articulate a valid legal error.
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