In Ontario, only the Court Enforcement Office (the Sheriff) has the legal authority to physically evict a residential tenant. Landlords cannot hire private bailiffs for residential properties, and filing a writ of possession with the Superior Court of Justice Sheriff typically costs $315 CAD plus a mileage fee.
Navigating Eviction Enforcement and Sheriff Delays
Securing a valid eviction order from the Landlord and Tenant Board (LTB) often feels like crossing the finish line after months of stressful litigation. However, as many property owners in cities like Toronto, Windsor, and Oshawa quickly realize, an LTB order is just a piece of paper. If the tenant refuses to leave by the termination date, you must physically remove them, which brings you to the final hurdle: the enforcement process. 📍
Under the Ontario Residential Tenancies Act (RTA), “self-help” evictions are strictly prohibited. You cannot change the locks, cut the power, or hire heavy-handed private security guards. Only the government-appointed Court Enforcement Office (commonly called the Sheriff) has the legal authority to execute the eviction. Unfortunately, the Sheriff’s office frequently experiences severe backlogs, meaning commercial and residential property managers must follow a precise process to avoid making costly legal mistakes while they wait. 📝
Step-by-Step Process for Enforcing an Eviction
Enforcing an eviction requires coordinating with the Superior Court of Justice and a local locksmith. As a landlord, strictly following these steps ensures you do not accidentally expose your business to massive civil liability. 💼
Step 1: Obtain the Official LTB Order
Before you can do anything, you must wait for the LTB to issue the formal, written Eviction Order. This document will clearly state the specific date the tenant is required to vacate. You cannot apply to the Sheriff until this termination date has fully passed and the tenant is officially overstaying. 📑
Step 2: File with the Court Enforcement Office
Once the date passes, take your original LTB Order and a completed Information Sheet to the local Court Enforcement Office located inside the Superior Court of Justice. You will pay the filing fee to issue a “Writ of Possession.” The Sheriff will then process your paperwork and place you in the queue for a physical eviction date. ⚔
Step 3: Wait for the Notice to Vacate
The Sheriff does not show up unannounced. They will mail or post a Notice to Vacate on the tenant’s door, giving them a final warning (usually 7 days) to pack their belongings and leave peacefully. This is the period where backlogs are most evident; it may take the Sheriff several weeks just to post this notice. ✉
Step 4: Coordinate the Locksmith
When the Sheriff finally schedules the physical eviction date, it is your responsibility to have a locksmith present at the property at the exact time provided. The Sheriff does not change the locks; they are there strictly to keep the peace, escort the tenant off the property, and hand legal possession back to you. 🔒
Step 5: Deal with Abandoned Property Safely
Once the locks are changed, the RTA imposes strict rules on the tenant’s remaining belongings. You must safely store their items in the unit or nearby for exactly 72 hours. You must allow the tenant to retrieve their property between 8:00 AM and 8:00 PM during this period. Only after the 72 hours expire can you legally sell, keep, or throw away the abandoned items. 📦
How Much Does it Cost in Ontario?
The financial burden of an eviction rests heavily on the property owner. Budgeting for enforcement is a crucial part of property management. 💵
| Expense Type | Description | Estimated Cost (CAD) |
|---|---|---|
| LTB Filing Fee | Initial fee for landlord applications (L1 or L2) via the Tribunals Ontario Portal (paper filing by mail costs $201). | $186 (online filing) |
| Sheriff Enforcement Fee | Filing the writ at the Court Enforcement Office. | $315 + mileage |
| Locksmith Call-Out | Hiring a professional to drill/change locks on eviction day. | $150 – $350 |
| Paralegal Representation | Retaining a law firm to handle the entire eviction process. | $1,500 – $3,500+ |
While you can ask the LTB to order the tenant to pay the $315 Sheriff fee, collecting this money from an evicted tenant is often very difficult and requires garnishing their wages through Small Claims Court.
How Long Does the Process Take?
Patience is mandatory when relying on government enforcement. The actual LTB hearing process can easily take 4 to 8 months before you even get an order. ⏱
Once you file the paperwork with the Sheriff, the timeline varies wildly depending on your local municipality. In less populated areas, the Sheriff might execute the eviction in 2 to 3 weeks. In heavily backlogged jurisdictions like Toronto or Peel Region, it can take 4 to 8 weeks just for the Sheriff to arrive and change the locks.
Frequently Asked Questions (FAQ)
Can I hire a private bailiff to speed up the process?
No, not for residential tenancies. Under the RTA, it is a provincial offence for a landlord or a private bailiff to physically remove a residential tenant. Private bailiffs can only be used for commercial evictions under the Commercial Tenancies Act (CTA).
What happens if the tenant leaves before the Sheriff arrives?
If the tenant packs up and hands over the keys, you have regained legal possession. You should immediately call the Court Enforcement Office to cancel the scheduled eviction so the Sheriff does not waste a trip, though your $315 fee is generally non-refundable.
What if the tenant files a Request to Review?
If the tenant files a Request to Review with the LTB, an automatic “stay” (pause) is placed on the eviction order. The LTB will fax this stay to the Sheriff. The Sheriff will instantly halt the eviction process until a new hearing is held and the stay is lifted by an adjudicator.
Can I put their belongings out on the curb?
No. Placing a tenant’s belongings on the curb or lawn before the 72-hour holding period expires exposes you to massive liability for property damage or theft. You must store the items securely indoors, either in the unit itself or a secure storage locker on the property.
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