In Ontario, you cannot force an evicted tenant to physically hand over their keys. Instead, landlords must immediately change the locks while the Court Enforcement Office (the Sheriff) is on-site executing the LTB eviction order. Any keys kept by the former tenant must be treated as a severe security breach.
Successfully navigating the Landlord and Tenant Board (LTB) to secure an eviction order is a long and exhausting journey. However, winning the legal battle does not automatically mean the physical property is secure. In cities like Windsor, Brampton, and Toronto, it is highly common for hostile or evicted tenants to intentionally walk away with the unit keys, fobs, and garage openers out of spite. For a property owner, a missing set of keys is not just an inconvenience-it is a massive liability that leaves your valuable real estate exposed to vandalism, squatting, or theft.
Many landlords mistakenly believe they have the right to tackle the tenant or physically demand the keys back. 📍 Under Ontario law, this is strictly forbidden and could lead to criminal assault charges. Once a tenancy is terminated by the LTB, your focus must shift from recovering old keys to neutralizing the security threat entirely. If you are preparing for a difficult physical eviction and need guidance on strict compliance with the Residential Tenancies Act, browsing our directory for a seasoned landlord paralegal is highly recommended.
Step-by-Step Process in Ontario
Executing an eviction and securing the property requires tight coordination between the landlord, the local Court Enforcement Office, and a professional locksmith. You must follow this legal protocol perfectly to avoid being accused of an illegal lockout.
Step 1: Obtain the Standard LTB Eviction Order
Before you can touch the locks, you must have a final, unappealed eviction order from the LTB (usually stemming from an L1 or L2 application). 📄 The order will state a specific date by which the tenant must vacate. If midnight passes on that date and the tenant (or their keys) has not been surrendered, you proceed to the next step.
Step 2: Hire the Court Enforcement Office (Sheriff)
You cannot change the locks yourself while the tenant’s belongings are inside. You must take your LTB order to the local Superior Court of Justice and pay to schedule the Court Enforcement Office (commonly known as the Sheriff). The Sheriff is the only authority in Ontario legally permitted to physically remove a tenant and return possession of the unit to the landlord.
Step 3: Schedule a Locksmith for Eviction Day
The Sheriff will give you a specific date and time they will arrive to execute the eviction. ⏱ You must book a licensed locksmith to meet you at the property at that exact time. Do not attempt to save money by changing the locks yourself later that afternoon; the property must be secured the very second the Sheriff clears the unit.
Step 4: Execute the Eviction and Change Locks
When the Sheriff arrives, they will knock, enter, and force the tenant to leave the property immediately. The Sheriff will not search the tenant’s pockets for your keys. As soon as the Sheriff formally hands possession over to you, your locksmith must immediately swap the deadbolts, re-code the electronic fobs, and change the garage codes. The old keys are now entirely useless.
Step 5: Follow the 72-Hour Abandoned Property Rule
Even though the locks are changed, the tenant’s belongings are likely still inside. 📦 The RTA mandates that landlords must give an evicted tenant exactly 72 hours of safe access to retrieve their personal property. You must unlock the door for them between 8:00 AM and 8:00 PM. Do not give them a copy of the new keys. After 72 hours, you can legally sell, keep, or throw away anything left behind.
How Much Does it Cost in Ontario?
Securing your property after a hostile tenancy involves several unavoidable enforcement and security expenses.
- LTB Filing Fees: Filing the initial eviction application (L1/L2) costs $186 CAD if filed via the online portal, or $201 CAD if submitted in paper format.
- Sheriff Enforcement Fee: Hiring the Court Enforcement Office currently costs a baseline fee of $315 CAD, plus additional mileage fees depending on how far they drive to your rental property.
- Professional Locksmith: Having an emergency locksmith on standby to drill out old cylinders and install new deadbolts generally costs between $150 and $300 CAD.
- Fob/System Reprogramming: If you are in a Toronto condo, property management usually charges an administrative fee of $50 to $100 CAD to deactivate the old tenant’s building fobs.
How Long Does the Process Take?
The delay between winning at the LTB and actually changing your locks can be agonizingly long. ⏳ Once the LTB issues the eviction order, you must wait for the tenant’s termination date to pass. Scheduling the Sheriff is currently subject to massive regional delays; in cities like Brampton or Ottawa, it can take 3 to 6 weeks for the Sheriff to become available. The physical eviction itself takes less than 1 hour. After the locks are changed, you must wait the mandatory 72 hours before disposing of the tenant’s remaining garbage and furniture.
| Phase of Eviction | Who Has Legal Possession? | Can You Change the Locks? |
|---|---|---|
| LTB Notice Period | The Tenant | No, completely illegal. |
| Sheriff is On-Site | Possession transfers to Landlord | Yes, do it immediately. |
| 72-Hour Retrieval Period | The Landlord | Locks already changed; landlord grants temporary access. |
Frequently Asked Questions (FAQ)
Can I sue the tenant for the cost of the new locks?
Generally, changing the locks is considered a normal cost of doing business when executing a Sheriff eviction. However, if the tenant maliciously destroyed the lock mechanism, you may be able to pursue them in Small Claims Court for damages.
What if the tenant breaks back in after the locks are changed?
Once the Sheriff executes the LTB order, the tenancy is legally dead. If the former tenant breaks a window or picks the new lock to re-enter, it is criminal Break and Enter. Call 911 immediately; this is now a police matter, not an LTB issue.
Do I have to supervise the tenant during the 72-hour period?
Yes, it is highly recommended. You must let them in to get their belongings, but you should remain on the property to ensure they do not damage the unit or steal appliances on their way out.
Can I just change the locks if I know they moved out?
If a tenant clearly abandons the unit (e.g., they tell you they are leaving, take all their furniture, and move to a new city), you can change the locks. However, if there is any doubt, changing the locks without a Sheriff is incredibly risky and could result in massive LTB fines.
Can the tenant give their unreturned keys to a squatter?
Yes, this is a common tactic. Spiteful tenants may give their old keys to a friend. If you do not change the locks immediately and a new person moves in, you may have to undergo a complex legal process to remove an “unauthorized occupant.”
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