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57 Questions for an Ontario Sheriff | Ontario, Canada
"When we show up, we are the reality to the inevitability". 57 questions answered!
Weiting Bollu
May 08, 2025
CEO Weiting Bollu sat down with an Ontario Sheriff, alongside 47 others on a virtual call on Wednesday, May 7, 2025. Everyone on the call had an opportunity to submit questions in advance as well as ask live during the 1.5 hour session.
The mini-course and the live event that occurred is not about blaming or shaming tenants or landlords. Eviction is a sensitive topic. We’re here to talk about the realities and legal processes around evictions, especially from the perspective of enforcement. The goal is to understand the system better - not to point fingers, but to have a constructive, informed discussion.
The information shared during this event and below is for general knowledge only and should not be taken as legal advice. Every situation is unique, and if you're dealing with a specific issue, you should consult a licensed legal professional who can provide guidance tailored to your circumstances.
Table of Contents
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About Ontario Sheriffs
Ontario Sheriff's officers have a range of primary duties beyond landlord and tenant evictions These duties include:
• Writs of possessions: This involves seizing homes
• Writs of delivery: This entails seizing items, such as furniture or vehicles, often under legislation like the Repair Storage Lien Act
• Issuing summons and subpoenas
•Serving court documents from various jurisdictions, including those from across the world under the Hague Convention
• Child extractions: These duties can arise through Child Protective Services (CAS) and family court matters
• Restraining orders: Sheriff's officers are also responsible for enforcing these orders2. Restraining orders and child extractions are examples of emergency orders that can take precedence over scheduled evictions
While landlord and tenant issues (specifically evictions and hearings) make up a significant portion of the Sheriff's office work, the other duties may sometimes supersede the Landlord Evictions.
What we cover
Duties of a Sheriff
Timing at the Sheriff’s Office
Eviction Day Guidance
Locksmith
Pets / Items
Filing of the application
Post Eviction
Where to find
Your Sheriff & Court Enforcement Office
You can find the Ontario Courts, locations, hours of operations on https://www.ontario.ca/locations/courts
Form SS-0418 - EVICTION INFORMATION REQUIREMENTS FORM
Filing with the Sheriff’s office is by using the SS-0418 form located on the Ontario Courts Website.
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57 Questions for Ontario’s Sheriff
Question 1: As a Sheriff, do you have other duties, besides landlord and tenant issues?
Answer: Yes, a lot. A lot of people don't realize how many different processes, how many things we do in the office. The landlord tenant board issues are probably, I'd say that the evictions and hearings make up probably about 60% of our work. But we also do writs of possessions which are seizing homes. We do writs of delivery, which are seizing items from Homes, that were rented out from companies that rent out furniture and things like that, so we actually go into houses and seize those items. We also do what's the called the Repair Storage Lien Act, where we actually seize vehicles for insurance companies. We also issue summons and subpoenas. We do court documents from across the world under the Hague Convention. We do child extractions, unfortunately, through CAS and family problems. we also do restraining orders. And yes, it's very busy and we have a lot more to do just than landlord tenant board evictions.
Question 2: Are there any plans to either change the legislation or hire more sheriffs?
Answer: Okay, so I'm gonna say, it's kind of a 2 part question here. The Ministry has been made aware that we are in record numbers. We are in record number of processes, that's evictions, writs of possession, writs of seizure, repair & storagelien act, even restraining orders, we're in record numbers. What's happened is we're still in the same amount of staff throughout Ontario. trying to navigate through these record numbers. So the Ministry has been made aware of it. We do need more staff. It doesn't change legislation. The Ministry needs to create the positions. They will work with the Union to create the positions because we are unionized. But they know basically it's under the Ministry’s guise to basically createand once they do that, then we'll be able to do something, but at this moment we are working on record numbers of processes throughout Ontario with the same amount of staff. And it is a strain on everybody right now.
Question 3: How many evictions have you conducted in 2025 so far in your area to date?
Answer: All sheriffs offices are doing record numbers. Up about 40% from last year. York Durham, Peel and GTA areas are extremely busy and may near 800 evictions already in each office. .. This year, we are on record numbers compared to last year and the years before, and it keeps going up, with the same amount of staff.
Question 4: Why are there not more sheriffs to shorten time eviction?
Answer: We need more sheriff officers, a lot more, probably about 50% more than what we have. It's going to take the Ministry to make that decision. We've shown them the need for help. It has to go through many channels before they look at the numbers and decide if the increase will last. We currently help each other out; officers travel to different jurisdictions to assist. But the problem is, we do 5 or 6 evictions a day but get 10 coming in per day. We cannot keep up. This is happening in Toronto, Peel, Halton, York, Durham, Ottawa – the big areas.
Question 5: How long does it take to evict once a file is received?
Answer: We and other small offices are only a few weeks. Everyone works very diligently to stay on top. If one officer is sick, it cancels everything that day and backs things up. Other jurisdictions with two officers are up to 800 evictions. In Toronto, with six officers, they're at about 2,000, meaning they are getting 3 to 4 months behind, almost 4 or 5 months behind. Evictions are coming in faster than they can be completed.
Question 6: What do you think is the reason for the increase in evictions?
Answer: The economy has changed a lot. It's not just the housing economy causing writs of possession because of mortgages; rents have increased so much, and salaries haven't. Anything after 2018 is not under rent control. We're doing a lot of evictions because tenants cannot afford the rent. It's unfortunate, but houses cost so much, mortgages cost so much, and landlords need to charge accordingly. If one tenant stops paying, many landlords face financial problems. Many tenants simply can't pay; it's too much. They are deciding between food and a roof over their head and are letting the landlords take the blunt of it.
Question 7: If the sheriff's department is governed by the OPP, why can you not bring in more help?
Answer: The OPP do not govern the sheriff's office. The OPP belong to the Ministry of Solicitor General; the sheriff's office belongs to the Ministry of Attorney General. The OPP, under the Ontario Police College, oversee police training under the Police Act. Sheriff's officers are peace officers, like those in the Ministry of Transport or Natural Resources, and are not governed by the Police Act. Sheriff's officers have more authority in civil matters than the police. For example, to enter a dwelling based on the LTB order, we can use as much reasonable force as necessary without needing a warrant, unlike police who generally need a specific warrant to search. Police cannot evict; only sheriff's officers can evict.
Question 8: Are evictions seasonal, or do they occur roughly, evenly, each quarter?
Answer: They're roughly the same.
Question 9: How long after you receive an order, should you contact the sheriff department?
Answer: You can call and find out about your order, but you'll get a notice via email when it's scheduled. The challenge is the waiting time in busier areas. It's difficult to get hold of an officer who is on the road. Please be patient; it's going to come. Everyone is trying their best to keep up.
Question 10: How long does it take for the sheriff to escort an evicted tenant after eviction, where the verdict is favouring the landlord?
Answer: Under the Residential Tenancies Act, if there is not an expedited order, we have to give the tenant 5 clear business days of notice to vacate. We will mail or courier the notice with the LTB order attached. Mail is deemed served after 5 days, and then you have to give another 5 days from that time. So as an example, if we get an order on a Monday, we hopefully come to evict them within 10 clear business days at the earliest. Some areas are only a few weeks but other areas take 3-4 months. When we show up, if they're still there, we give them 15 minutes to pack some bags. If they don't comply, then we involve the police.
Question 11: Why are there different waiting times for evictions in different judicial districts in Ontario? Can the sheriff resources be redeployed across judicial districts, and or overtime be authorized and or temporary officers appointed to equalize or reduce waiting times?
Answer: Waiting times vary due to staffing levels and volume in each district. Overtime is always authorized; we do a lot of it daily and often don't take breaks. We have trained designates to assist if someone is ill, but they cannot do it alone; they are like special constables and don't have the full authority. We do go to different jurisdictions or judicial districts and help each other as much as we can. If a busy area calls, they send a blanket email, and available officers from other areas volunteer to come.
Answer: Yes. We can extend our authority to police, fire, or bylaw officers, for instance, for property standards. This allows them to enter a dwelling with us without needing a warrant. Police are generally not allowed to enter a dwelling without a warrant unless there are exigent circumstances or life/safety concerns.
Question 13: Does eviction affect credit in Ontario?
Answer: No, not automatically. These are civil processes. You get an LTB decision saying money is owed, but it doesn't mean you'll get it. If you don't, you need to file civilly or use credit reporting agencies. It doesn't automatically go on your credit; you have to take further steps.
(Weiting Bollu Note: Openroom offers a service to report LTB orders with rent owing to Equifax. See the details of the Rental Debt Ledger.).
Question 14: Should I let the tenants know that I filed with the sheriff, and it's just a matter of time before the tenant will be notified of an eviction date by the sheriff?
Answer: That's your prerogative. The LTB order tells the tenant when they must be out by. If they are still there after that date, they are unlawfully in the dwelling because they disobeyed a court order. Section 127 of the Criminal Code states disobeying a court order is an indictable offence. Section 349 of the Criminal Code deals with being unlawfully in a dwelling while committing an indictable offence. This means a tenant remaining after the ordered date is technically committing a criminal offence. The LTB order says you must leave by the date, and you can go to the sheriff to enforce. The "must" is a command; the "can" is a suggestion. We use this when tenants refuse to leave; we call the police to have them arrested and charged.
Question 15: You were sharing a little bit earlier before everybody joined about the things that you're educating the police-force on. Can you share a little bit more about that?
Answer: We are educating the police on their authority in civil matters, as they are primarily trained in criminal law. Police are not as educated on civil matters, especially complex landlord-tenant issues with many variables. They are there to keep the peace and will turn matters over to us. We get calls from police to assist them. We educate them on things like Section 349 (unlawful in a dwelling) based on Section 127 (disobeying a court order), informing them that it's not just trespass to property (which only applies after they've been evicted and return without permission). We let the police know about these criminal code sections so they understand they can enforce and assist officers across Ontario in removing someone who refuses to leave after a court order. This education is ongoing across different police services
Question 16: If you need 2 officers, can you be accompanied by a police officer?
Answer: Yes, all the time.
Question 17: Where is the 5 business days notice to evict set out?
Answer: It's in the Residential Tenancies Act (RTA). I can't remember the specific section, but it is in the RTA, and we must give them 5 clear business days' notice.
Question 18: Can you physically remove the tenants if they refuse to leave?
Answer: No, only the police can physically remove. We can tell them to leave. As sheriff's officers, we are not allowed to physically handle a person to remove them, though we can try to guide. If they become assaultive and cannot get out safely we can arrest and detain them and hand them over to the police. We call the police for assistance right away and usually get a quick response.
Question 19: Do you always inform the police every time you go?
Answer: Yes, we do and other offices do as well. I can't speak for all offices, but in our office we are very proactive. We engage the police in every jurisdiction where we will be doing enforcement. They know where we are, what we're doing, the time, and who is being evicted, including the number of people. We inform them ahead of time in case they need to be there for warrants or if there's a history of criminal activity. We let them know all the time for our safety as well.
Question 20: What types of notices do you give to the tenants? And do you try multiple times to let them know.
Answer: We give them a notice to vacate with the LTB order stapled to it. We highlight the date and time they must be out (typically 8:30 in the morning). We post it on their door, hand it to them, or slip it under the door in an apartment building (as notices can be ripped off doors in hallways). We don't try multiple times after the initial notice. When we mail, we often use courier or Canada Post, and mail is deemed served after 5 days under Ontario government rules, regardless of whether they open it. When we show up,we are evicting whether they decided to ignore it, but it doesn't change that they are being evicted.
Question 21: 72 hours - Is it affected by holidays and weekends? And how often within 72 hours can tenant request access? And is it 72 continuous hours when requesting, through a property manager?
Answer: The 72-hour period starts from the morning of the eviction. Even if we show up later, the clock starts at 8:00 or 8:30 that morning (the time they were commanded to leave). They have from that time until 8:00 PM that night. The following day they have from 8 AM to 8 PM, and the next day from 8 AM to 8 PM. It doesn't matter if it's holidays or weekends.
However, if it's a holiday, you could extend the period to the next day, making it effectively a 4-day period. This is your property, and your rules, but you must allow access during reasonable hours. Working with the tenants to let them get their belongings helps you get your place back faster. You have to allow access for 12 hours per day (8 AM to 8 PM) over the 72-hour period. Keep any extensions due to holidays in writing (email, text) to avoid issues. Whether it's a property manager or landlord, the rules are the same. Requests for access need to be reasonable; an hour's notice might not be sufficient, but a request the day before is more reasonable. There has to be some give and take, regardless of money owed.
Question 22: Have to give access though out the weekdays, what about on the holidays?
Answer: No. It's more of your goodwill if you want to do it on the holiday. It depends on how fast you want your property back.
Question 23: Can we hire security guard post sheriff eviction enforcement to make sure the tenants take their belongings and don't damage the property in next 3 days given to them?
Answer: Yes, you can. A security guard acts as eyes and ears; they are licensed but generally don't have powers of arrest unless you give them authority in writing for trespassing. You can hire them to watch for you. Any damage to your property after we have given vacant possession (e.g., after the locks are changed) is criminal damage. Anything before that is civil. If they come back and cause damage, it is criminal mischief. They are only allowed back to remove items; if they are just sitting around, they are trespassing. Take pictures, take pictures of everything.
Question 24: What if tenant hands me a check just before you arrive to stop the enforcement? Can I continue with eviction, or have to postpone it until we see if the check does not come back as NSF?
Answer: When we are on the scene, we are not going to negotiate. We will ask you, the landlord, if you are accepting the check and if you want us to stop the enforcement. That decision is totally up to you. We will not sit and wait for you to decide or for a check to clear, as that could take hours, and we don't have that time. You have to make the decision on the spot. We have seen large amounts of cash produced at evictions.
Question 25: Why is that up to the landlord? Is it because a lot of times what we hear is that the tenant will say they've paid the LTB?
Answer: Tenants tell us they've paid all the time, but we don't have proof unless we are notified. We check for stay orders directly with the LTB before entering a property; if there's nothing, we proceed. We hear many stories. If we have an enforceable order, we will enforce it. If the landlord decides to accept money there and then, it can complicate or stop the process at that moment because you've changed the condition under which we were enforcing. The LTB order is specific: pay by this date or leave by this date. If they are still there after that date, they have not complied, and we are there to enforce the eviction. If you take the money then, we're not getting involved in more disputes; we'll walk away and let you decide, which means we would reschedule the enforcement.
Question 26: If the owner or landlord is planning on changing locks him or herself, will a sheriff complete the eviction in Ontario? Or does the process require a licensed locksmith, as it does in some jurisdictions?
Answer: Yes, you can change your own locks if you want. If the locks are locked, and you don't have a key, and need to drill it out, hopefully, you know how to do it. We've seen people struggle and have sometimes taught them how to drill. There is nothing that says you need a licensed locksmith. It's best to have somebody handy who knows what they're doing. However, if you hire a locksmith, you pay them by the hour, and if our previous evictions that day run long, they might have to wait for hours, which costs a lot of money. You have to weigh that benefit. Having a good handy person is recommended.
Question 27: What if the tenant will not get out when the sheriff is there and the superintendent is there to change the lock? Does the police physically remove them?
Answer: We will have them removed. Under Section 141 of the Ontario Courts of Justice Act, we, as sheriff officers, can request police to assist to keep the peace. If criminal charges apply (like disobeying a court order), we can also request the police remove the person criminally. We might negotiate for another 5 minutes, but then they are removed and we can proceed with changing the locks.
Question 28: Can a paralegal contact a sheriff in case landlord is not available? The landlord is out-of-country with confirmation that tenants didn't evict based on the LTB Court order.
Answer: It's difficult because we need to know who is representing the landlord. When the Eviction Information Requirements Form (SS-0418) is filed, we want to see all the names of who is assisting or representing the landlord. The more information you provide on that form, the better we can help you.
Audience Question 29: What's the time window for tenants to retrieve their belongings? Once the landlord gets vacant possession, what's that magical number that we were just talking about?
Answer: 72 hours.
Question 30: There seems to be no eviction enforcement for a tenant with a pit bull. Why is this.
Answer: This relates to the Provincial Animal Welfare Act, which states that animals are property. If the tenant is not there, the animal is technically abandoned. An abandoned animal must be in distress, not just physical distress, but distress. We call Bylaw, but sometimes Bylaw says they can't remove an animal if it's not loose. Bylaw officers are not allowed to enter a house to remove an animal, even if we or police ask them to. How an animal is removed depends on the officer. Pit bulls are property and supposed to be registered with the owner; if the owner is not there, the dog is abandoned. Provincial Animal Welfare or the SPCA might take the dog. I understand that a proposal was submitted to the Solicitor General to change the Act to give more authority to police, us, and other peace officers to have dogs removed and command Bylaw to do so. It's very difficult to enforce evictions with dogs present if we can't get assistance to remove them. An animal can stop enforcement to get into the property. Depending on the officer, they may use force like spray (though dog spray makes it hard to enter) or fire extinguishers to deal with the animal.
Question 31: Can the landlord bag all of the evicted tenants belongings and leave them in black plastic bags in front of the property during the 72-hour retrieval window, so that the tenant does not re-enter the unit?
Answer: If you remove any of their property (which you can), you must make sure it is secure. You can't just leave it outside where someone else can take it. If you have a garage, put it there and let them access the garage. If you have a secure storage facility or shed nearby, you can put it there, as long as it doesn't get damaged. You must ensure the belongings are secure for the 72-hour period.
Question 32: Can sheriff evictions be filed online for a landlord who is waiting in eviction? I live out of the country, so I prefer not to have to fly back to commence these proceedings.
Answer: No, currently you cannot pay online for eviction enforcement with the Ministry of Attorney General. You need a physical copy of the LTB order and the Eviction Information Requirements Form (SSO 418). You can send it in electronically, but you need to send your certified check or money order to the courthouse separately. We will start looking at it once filed, but we need to ensure payment has cleared. Any stay orders or information we receive electronically will be taken.
Question 33: Can a landlord tell a friend, or send a friend to go and file it at the sheriff's office.
Answer: Yup, we'll take that, as long as we have the information on who to contact and who is representing the person.
Question 34: Once a tenant has been evicted, can a homeowner invoke charges for trespassing under the Trespass to Property Act?
Answer: Yes, only if they come back to your property without permission after being evicted. They need to contact you to arrange access during the 72 hours. If they just show up without contacting you, that's trespass. If you allow them in to remove belongings, and they don't, and just sit around, that's also trespassing. You can call the police.
Question 35: For Officer safety, do you do CPIC checks on evictees or addresses in advance?
Answer: No, sheriff's officers are not police officers and are not allowed to access CPIC. Only police or correctional officers as example can. We have a different system we use in the court system to check people, but we don't check everyone, only names we recognize. If we need more information, we call and speak with the police. The more information a landlord puts on the Eviction Information Requirements Form (SSO 418), especially about police activity, illegal drugs, impaired safety, etc., the more effective we can be, and we'll know if we need police assistance. Make sure to circle, highlight, or type out any relevant information about safety issues.
Question 36: What's the form for eviction?
Answer: The form is called the Eviction Information Requirements Form, also known as SS-0418. You can find and print it from the Ontario Court forms online. You must file this form with your LTB order.
Question 37: What happens if a tenant barricades the entry to the unit?
Answer: That happens. We still go in. Under the Execution Act, we are enforcing a court order, and our authority is to use as much reasonable force as necessary to enter that dwelling. We will use force to enter.
Question 38: In the comments there seems to be instances of the tenants requesting a stay, and it is received after the sheriff gives possession. Can you comment on this?
Answer: This is a common problem. It happens a lot where a tenant gets a notice of stay or review after we have already given vacant possession to the landlord and the locks are changed. They may go to the police because the landlord won't let them back in (rightfully so). We inform the LTB when the eviction has occurred. If a stay order is received even a half hour after the eviction, the tenant should not go back into the residence. The eviction has already occurred, and we have delivered vacant possession. The tenant can file with the LTB to be reinstated. However, sometimes they go to the police, who may not be fully educated on the timing and civil rules, see the stay order, and mistakenly allow the tenant back in. This can lead to the landlord having to get the tenant out again. If a tenant comes back in after the eviction, it is break and enter. You need to tell the police it is break and enter and contact the sheriff.
Question 39: Just found out that my eviction was rescheduled, due to ‘re-routing’, which is frustrating. Is there anything I can do about it?
Answer: Rerouting happens when a scheduled eviction cannot be completed because an earlier scheduled eviction took much longer than expected (e.g., due to unexpected circumstances like a death, which can take hours). If the day's schedule is full, subsequent evictions may have to be rerouted to another date. This is an unfortunate consequence, especially with limited staff trying to manage a high volume of processes. Sometimes, emergency orders (like restraining orders for people being released from jail, or child extractions due to endangerment) take precedence and cause scheduled evictions to be pushed back or rerouted. These expedited orders circumvent the standard queue.
Question 40: Can you elaborate on a couple emergency orders?
Answer: Examples include a restraining order that must be served before someone is released from jail, or child extractions due to child endangerment. These take precedence over standard LTB evictions.
Question 41: Can you hire a security guard the day they are supposed to leave, such as eviction day? Or is this a waste should the tenant choose not to follow the court order, and I haven't filed yet for eviction.
Answer: You can hire security if you think it will be helpful. They can't physically remove someone, as they are not peace officers and lack the power of arrest in this context.
Question 42: Say you can take the $10,000 the tenant owes you for rent, but then you have to stop the eviction while the sheriff is present, since all arrears have been paid. If you continue the eviction, the tenant will definitely not pay you the $10,000 in arrears. So is that basically the choice that the landlord has to choose the money or the eviction and then try to collect the arrears at a later date?
Answer: Yes, that's the challenge you face. We are not going to sit there for negotiations; we are there to enforce a court order. The LTB order specifies payment or vacating by a certain date. If they haven't complied by that date, we enforce the eviction. If you choose to accept money at that moment, it changes the situation, and we would likely walk away and require you to reschedule, as we won't get involved in further disputes. You essentially have to choose whether to proceed with the eviction based on the original order or accept the money and potentially halt the enforcement at that time. You can always try to collect the arrears civilly later.
Question 43: Can someone say, “Well, I want the eviction? But hey, I'm also going to take the money, since you're giving me the money, but I'm still doing the eviction”?
Answer: No. The LTB order is specific – pay by a date or leave. They have already passed that date if we are there to enforce the eviction. If you take the money, you've changed the condition under which we are enforcing. We won't get involved in that dispute and will walk away.
Question 44: Do you have any most common mistakes that you want landlords to stay away from.
Answer: I think a lot of landlords are representing themselves without the necessary background to understand how to effectively have someone vacate. I understand cost is a factor, but hiring a lawyer or paralegal can be very beneficial. Many self-representing landlords don't know how to get an expedited order, which requires specific reasons, documentation, and a request during the LTB hearing. Without requesting an expedited order, you are just another number in the queue. Most expedited orders we receive are facilitated by a lawyer or paralegal.
Question 45: Can you elaborate on what expedited reasons are?
Answer: Reasons for an expedited order can include illegal activity, damage, impaired safety, reasonable enjoyment issues, too many persons in the unit (leading to it becoming multi-family), or misrepresentation of income. If you have orders from the township for property standards violations, or police/fire repeatedly showing up, gather that information and use it as documentation for the LTB hearing. You must request the expedited order under Section 84; they won't just give it to you. You need to show a reason and provide documentation.
Question 46: How can it be proved that there are too many people in a unit?
Answer: That's part of property management and requires documentation and managing your property. If you live far away, you are still in charge of your property. If there are property standard violations (like excessive garbage), ask the tenant to clean up. If they don't, the township might fine you. You need to observe and document what's happening. For example, if five bags of garbage are being put out weekly but only two people are supposed to live there, that's a strong indicator.
Question 47: Is there any formal communication between the police department regarding the eviction notices that may prevent an evicted tenant from taking advantage of the situation, such as misinformation, where the tenant brings police in after the eviction is already done.
Answer: Yes, we are communicating with police all the time in our area so they understand what we're doing, when, and who we're removing. This helps them when a tenant tries to misinform them after an eviction. However, not every jurisdiction is doing this due to high volume.
Question 48: If I get a new tenant in the house as soon as the lock is changed, can the police get the old tenant back in?
Answer: No, not if the eviction has been completed. You keep the Delivery of Vacant Possession form that the sheriff gives you, along with your LTB order. Keep these handy for 72 hours or as long as needed. If the police contact you, show them these documents; they prove the sheriff's officer gave you your property back. Make sure you have the contact information and badge number of the sheriff's officer in case the police need to verify.
Question 49: Can landlord or landlord's friend be there instead of hiring security to make sure they don't damage the property?
Answer: Yes, but don't interfere with the tenants while they are retrieving their belongings. Do not harass them; just let them do their stuff. You don't have to be inside with them. You can open the door, let them in, and lock up when they leave. Take pictures before and after. If you are there alone, consider your own safety, especially if they have friends or family helping them move.
Question 50: Who pays for the second visit if the Sheriff has to come again?
Answer: The enforcement fee is a flat fee ($240). This fee covers the notice on the door and actually going there for the eviction. If we are on our way or arrive, and a stay order is received, we cannot evict, but the fee still applies. It's all part of that initial payment. The mileage and payment remain the same regardless of how many times we might attempt due to factors like stays.
Question 51: This question is for the scenario where the tenant files a stay within 30-min after eviction, and a new tenant is already in, can that be done?
Answer: A new tenant shouldn't be in the unit 30 minutes after an eviction because the previous tenants have 72 hours to retrieve their belongings. However, if the previous tenant has been vacated, and you have delivery of vacant possession, they can file for a stay. Once filed and accepted, it's automatic, but they are already vacated. If you receive a stay after vacant possession, notify the LTB that the eviction has already occurred. They will verify with the sheriff's office.
Question 52: Why would sheriff cancel eviction if tenant files bankruptcy before eviction?
Answer: This is a contentious area. If we receive bankruptcy papers from the trustee on the day of eviction, under the Bankruptcy and Insolvency Act (a Federal act), all eviction must stop. Federal law trumps provincial law (like the RTA). Under the Ministry of Attorney General policy, enforcement must cease during bankruptcy if the LTB order involves money owed. There is a recent case where a judge ruled the eviction could continue despite bankruptcy, but the Ministry policy currently overrules that, denying the judge's letter. Until the Ministry reviews this, we cannot enforce an eviction if the LTB order has any mention of money owed and the tenant files for bankruptcy.
However, the bankruptcy only covers debts up to the date of filing. If the tenant fails to pay rent after filing for bankruptcy, you can file a new LTB application for failing to pay that new rent. If the original LTB order was not related to money (e.g., illegal acts, damage, etc.), bankruptcy would not be an issue, and we would still enforce the eviction.
Question 53: To clarify - Before anything can be done about bankruptcy stopping evictions, there must be a decision that comes down from the Attorney General's office that states otherwise in the future first?
Answer: That decision rests with the legal department and the Ministry of Attorney General, not with us. It will likely require many people advocating for change.
Question 54: Is the landlord or representative allowed to be inside the unit when the tenant is removing their property to ensure they don't damage the rental.
Answer: Yes, it is your house. You can be inside. However, do not interfere with them moving their belongings. Stay out of the way. You can sit in a corner and watch if you want, even if it makes them uncomfortable. Be mindful of your own safety, especially if they have friends or family there. We suggest sitting in your car outside or watching from your property boundary. Take lots of pictures beforehand and afterwards.
Question 55: Even if I'm a landlord living close by to my property, how can I establish that there are too many people living in my house when a tenant can claim them as guests and not residents? Only option I may have as a small landlord is to install CCTV cameras - s that allowed?
Answer: You are allowed to install CCTV cameras on your property, but you cannot point them inside the living areas or bedrooms where the tenants reside. You can only point them outwards or at common areas if done appropriately. How you establish too many people is through observation and documentation over time. This is part of managing your property. If you suspect it, go and check, or have someone observe the property at different times. Look for indicators like an excessive amount of garbage being put out compared to the number of listed occupants. This requires documentation and consistent management.
Question 56: Is going through their garbage a way to get information?
Answer: Yes, some ways to get information on people is going through their garbage.
Question 57: As a sheriff, are you allowed to give legal advice?
Answer: No, we are not allowed to give legal advice. People ask us for legal advice all the time. We can guide you in a direction, but we cannot recommend specific paralegals or lawyers, as that would show prejudice. We can only guide based on what we see and the problems we encounter. It's highly recommended to get good legal advice from experienced paralegals or lawyers who specialize in landlord-tenant matters and the RTA.
Additional Resources Referenced
•Rental Debt Ledger:A tool available through Openroom.ca designed to help landlords track interest and report unpaid rent from court or tribunal decisions to Equifax.
•Rent Rewards program: A program offered by Openroom.ca for residents, providing access to credit building and perks, intended to incentivize responsible residents.
•Openroom Newsletter: An email that is sent 2x a month by CEO Weiting Bollu to keep people informed about events and resources offered by Openroom and the rental industry.
•Equifax: https://www.equifax.ca/
•Landlord and Tenant Board: https://tribunalsontario.ca/ltb/
•Residential Tenancies Act (RTA): https://www.ontario.ca/laws/statute/06r17
•Criminal Code of Canada: https://laws-lois.justice.gc.ca/eng/acts/c-46/
•Trespass to Property Act: https://www.ontario.ca/laws/statute/90t21
•Ontario Courts of Justice Act: https://www.ontario.ca/laws/statute/90c43
•Provincial Animal Welfare Act: https://www.ontario.ca/laws/statute/19p13
•Execution Act: https://www.ontario.ca/laws/statute/90e24
•Rental Housing Enforcement Unit (RHEU): https://www.ontario.ca/page/solve-disagreement-your-landlord-or-tenant
Manager — Rental Housing Enforcement Unit
Ministry of Municipal Affairs and Housing
777 Bay Street, 14th Floor
Toronto Ontario M7A 2J3
Email: [email protected]
Phone: 1-888-772-9277
•Eviction Information Requirements Form (SS-0418): https://ontariocourtforms.on.ca/en/eviction-forms/
•Bankruptcy and Insolvency Act (Federal): https://laws-lois.justice.gc.ca/eng/acts/b-3/
About Openroom University
Free learning mini-courses are part of the vision behind Openroom of creating a transparent and connected rental ecosystem. We believe that knowledge is power and we should have more information to make informed decisions.
If you like what we do, let us know at [email protected] or consider buying us a coffee!
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