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- 72 Hours after Sheriff Eviction for Landlords | Jordan Nieuwhof (Coach, Author, Former Paralegal)
72 Hours after Sheriff Eviction for Landlords | Jordan Nieuwhof (Coach, Author, Former Paralegal)
Debunk the myths and understand what you need to do after Sheriff evicts Tenant(s)
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About Jordan Nieuwhof
Our special guest speaker for this session on unpaid rent is Jordan Nieuwhof. Formerly a paralegal, Jordan brings vast experience from practicing extensively at the Landlord and Tenant Board (LTB) and serving thousands of clients. Openroom CEO, Weiting Bollu, personally highlights Jordan's expertise, noting he was the very first paralegal Weiting contacted for her own challenging $35,000 unpaid rent eviction case, assisting with both the LTB hearing and debt collection.
Jordan now focuses on coaching and educating landlords, aiming to empower more owners to effectively handle and prevent problematic tenancies. He is also authoring a book based on his LTB insights. Throughout this session, Jordan shares deep practical knowledge of the Ontario residential tenancies process, emphasizing the importance of following legal procedures precisely to build a strong case.
What you’ll learn
What exactly happens step by step on sheriff eviction day.
When the 72-hour window legally starts and how strictly “72 hours” is interpreted.
What paperwork and fees are required to book the sheriff through Small Claims Court.
Who can attend the eviction (landlord vs rep vs locksmith) and their responsibilities.
Lock-change requirements and which doors/locks must be changed.
The landlord’s duties for handling and preserving tenant belongings during the 72 hours.
What counts as “unhygienic” items that can be disposed of immediately.
What happens to belongings (including pets, vehicles, and large furniture) after 72 hours.
Security best practices for the unit during the 72-hour period (cameras, neighbors, etc.).
Common landlord mistakes around sheriff evictions and the 72-hour rule to avoid.
Key Takeaways
Once the sheriff posts the notice and the locks are changed, the unit is back in the landlord’s possession; 24 hour entry notice is no longer required.
The 72 hour period is interpreted as three days of reasonable access between 8 a.m. and 8 p.m., not 72 continuous hours inside the unit.
The start time is best anchored to the time printed on the sheriff’s notice, as that’s what is provable at the Board.
The landlord must bring new locks (for all doors the tenant could access); without locks, the sheriff often won’t complete the eviction.
During the 72 hours, the landlord must reasonably preserve the tenant’s belongings and can be liable for damage or loss if careless.
Unhygienic/garbage items (e.g., rotting food, dirty diapers, infested material) can be disposed of immediately; they don’t need to be stored.
After 72 hours, all remaining belongings (including pets, vehicles, and furniture) become the landlord’s property to dispose of, sell, or donate.
Landlords cannot charge storage or junk-removal fees through the RTA framework for that 72-hour period; those costs are usually unrecoverable.
If a tenant or anyone else re-enters after eviction, they are a trespasser, and the issue is no longer an RTA matter but a trespass/police matter.
Common mistakes include not showing up or sending a rep, not bringing locks for every door, misunderstanding the 72-hour rule, and being too lax on security.
In this course, we cover questions on
(00:03:09) What happens step by step once a landlord gets an eviction order enforced by the sheriff?
(00:05:48) What exactly is the 72 hour window?
(00:08:09) How is the eviction date and time scheduled with the sheriff?
(00:10:09) What paperwork or documents does the sheriff require from the landlord before attending the unit for eviction?
(00:13:17) Should the landlord be present during the sheriff eviction or can it be their representative? What are their responsibilities during the eviction?
(00:15:55) Are landlords allowed to change the locks immediately after the sheriff removes the tenant?
(00:17:39) What should a landlord do if the tenant refuses to leave at the time of the eviction?
(00:23:06) What are the landlord’s responsibilities for items the tenant leaves behind during the 72-hour period?
(00:28:52) If the tenant doesn't return to collect their belongings within the 72 hours, what happens next?
(00:31:22) Can landlords charge a storage fee for the tenant’s belongings left behind?
(00:33:28) Hazardous items, What if the tenant abandons large furniture can it be disposed of immediately?
(00:34:45) Junk removal fee, can it go back to tenant?
(00:36:50) Can you go to small claims court for a storage fee?
(00:38:30) Can you go to small claims court for a cleaning fee?
(00:39:07) What should a landlord do to secure their unit during the 72-hour period?
(00:45:23) What steps should be taken if the tenant tries to re-enter or squat in the unit after the 72 hours are up?
(00:46:47) What liability could a landlord face if belongings go missing or are damaged during the 72-hour window?
(00:49:35) What if a new person (not on the lease) is discovered living in the unit on eviction day?
(00:51:41) Are there different rules or risks if children or pets are involved at the time of eviction?
(00:56:33) What if the tenant is not present at the time of eviction and doesn’t respond within 72 hours?
(00:58:50) What should a landlord do if the evicted tenant returns after weeks or months to claim items?
(01:00:24) Are there any common mistakes landlords make during sheriff evictions that you’d advise against?
Resources Referenced
Residential Tenancies Act, 2006 (Ontario): https://www.ontario.ca/laws/statute/06r17
Landlord and Tenant Board: https://tribunalsontario.ca/ltb/
Repair and Storage Liens Act, R.S.O. 1990, c. R.25: https://www.ontario.ca/laws/statute/90r25
Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A: https://www.ontario.ca/laws/statute/02c30
Innkeepers Act, R.S.O. 1990, c. I.7: https://www.ontario.ca/laws/statute/90i07
Occupiers' Liability Act, R.S.O. 1990, c. O.2: https://www.ontario.ca/laws/statute/90o02
Trespass to Property Act, R.S.O. 1990, c. T.21: https://www.ontario.ca/laws/statute/90t21
Divisional Court: https://www.ontariocourts.ca/scj/areas-of-law/divisional-court/
Small Claims court Procedures: https://www.ontario.ca/document/guide-procedures-small-claims-court
Civil Claims Information: https://www.ontario.ca/page/civil-claims-suing-and-being-sued
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