In Ontario, only the Court Enforcement Office (commonly known as the Sheriff) has the legal authority to physically evict a tenant and change the locks. A landlord cannot evict you themselves, and local police cannot force you out without a specific Landlord and Tenant Board (LTB) Eviction Order directed to the Sheriff.
When a rent dispute escalates, the threat of being locked out of your home is terrifying. Many renters in Ontario mistakenly believe that if they miss a rent payment or their lease expires, the landlord can simply show up with a locksmith or call the local police to throw them onto the street. 📝
This is a widespread and dangerous myth. Under the Residential Tenancies Act (RTA), “self-help” evictions by landlords are strictly illegal. The province uses a highly regulated system to ensure that evictions are carried out safely, fairly, and only by authorized government officials.
This guide will explain the immense legal authority of the Court Enforcement Office (the Sheriff), how their process works after an LTB order is issued, and what you must do if your landlord tries to bypass them. We will also cover when to consult a local law firm if you are facing an imminent lockout.
Step-by-Step Process in Ontario
Whether you rent a basement in Mississauga, a high-rise in Toronto, or a family home in Ottawa, the rules governing physical evictions are identical. The Sheriff’s office follows a strict procedural timeline that gives you a final warning before they arrive. 📍
Knowing these steps can help you prepare for the inevitable or give you time to file a last-minute legal appeal to save your housing.
Step 1: The LTB Issues an Eviction Order
The Sheriff cannot act without a formal document. The Landlord and Tenant Board must first hold a hearing and issue a written Eviction Order. ❗
This order will specify a “termination date.” You are legally allowed to remain in the property until midnight on that specific date. If you do not move out by that deadline, the landlord gains the right to take the LTB order to the local courthouse to hire the Sheriff.
Step 2: The Sheriff Delivers a Notice to Vacate
Once the landlord files the paperwork and pays the enforcement fee, the Sheriff does not simply show up unannounced. They will usually mail or physically deliver a “Notice to Vacate” to your door.
This document acts as your absolute final warning. It will state the exact date and time the Court Enforcement Officer will arrive to execute the eviction. Depending on your municipality, this usually gives you an additional 3 to 7 days to pack your belongings.
Step 3: The Physical Eviction is Executed
On the scheduled date, the Sheriff will arrive at the property, often accompanied by the landlord and a locksmith. The Sheriff has the legal authority to use reasonable force to enter the unit if you refuse to open the door. 💪
The Sheriff will instruct you to leave the premises immediately. Once you are outside, the Sheriff will oversee the locksmith changing the locks, and they will officially hand legal possession of the unit back to the landlord.
Step 4: The 72-Hour Belongings Window
Even after the Sheriff locks you out, your furniture and belongings still legally belong to you. The law grants you exactly 72 hours to retrieve your property.
During this 72-hour window, the landlord must provide you with access to the unit between 8:00 a.m. and 8:00 p.m. If you do not collect your items before this strict deadline expires, the landlord gains the right to sell, keep, or throw your belongings in the garbage.
How Much Does it Cost in Ontario?
Enforcing an eviction is a costly administrative process for the landlord, but those costs are frequently passed down to the tenant as a legal debt once the lockout is complete. 💰
Here is a breakdown of the typical costs associated with a Sheriff’s eviction:
| Service / Action | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Sheriff Enforcement Fee | Approx. $315 + mileage | Landlord pays upfront (Added to tenant debt) |
| Locksmith Charges | $150 – $300 | Landlord |
| Emergency Motion to Void (LTB) | $0 (Free to file) | Tenant |
| Lawyer or Paralegal Defence | $1,000 – $3,000+ Flat Fee | Tenant pays out of pocket |
If you force the landlord to hire the Sheriff, the $315 enforcement fee is almost always added to the final judgement against you. The landlord can take this total debt to Small Claims Court to garnish your future paycheques.
How Long Does the Process Take?
The time between the LTB issuing the order and the Sheriff actually arriving varies greatly depending on the administrative backlog at your specific local courthouse. ⏱
After the termination date on the LTB order passes, it usually takes the Sheriff 2 to 4 weeks to schedule the lockout and send the Notice to Vacate.
If you pay your rent arrears in full before the Sheriff arrives, you can file a Motion to Void the Eviction with the LTB. Filing this motion will instantly pause the Sheriff’s timeline while an adjudicator reviews your payment receipts.
Frequently Asked Questions (FAQ)
Can the local police evict me instead of the Sheriff?
No. Local police services (like the Toronto Police or OPP) do not have the jurisdiction to enforce LTB Eviction Orders. If the landlord calls the police, the officers will only attend to keep the peace. Only the Court Enforcement Office (Sheriff) can legally execute the physical lockout.
What happens if I refuse to open the door for the Sheriff?
If you are inside and refuse to open the door, the Sheriff has the legal authority to break the lock or force the door open. Attempting to physically resist the Sheriff can result in the police being called and you facing serious criminal charges for obstruction or assault.
Can the landlord change the locks while I am at work?
If the landlord changes the locks without the Sheriff present, it is an illegal lockout. You should immediately call the Rental Housing Enforcement Unit (RHEU) and the police non-emergency line. The RHEU can fine the landlord and order them to let you back inside.
Do I have to pay the Sheriff’s fees to get my belongings?
No. During the 72-hour retrieval window after an eviction, the landlord must allow you to collect your belongings completely free of charge. They cannot hold your furniture hostage and demand that you pay the $315 Sheriff fee or your rent arrears before opening the door.
Should I hire a law firm to stop the Sheriff?
If you have paid your rent arrears but the Sheriff is still scheduled to arrive, or if the LTB made a severe legal error, you need to file an emergency Motion to Void or a Request to Review immediately. An experienced local paralegal or law firm is highly recommended to draft these complex legal stays before it is too late.
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