Sheriff Eviction Ontario – What Happens Next?

Sheriff Eviction Ontario

If you’re living in a rental property and your landlord has given you an eviction notice, you need to know what happens next. This can be a scary time for any renter but there are ways you can get help and fight against your eviction.

If you’re being evicted by your landlord, the first step is to get an eviction court order from the Landlord and Tenant Board. This can take a few weeks to months, depending on how busy the Board is.

What is a Warrant of Eviction?

A warrant of eviction is a court order that a landlord can get to have a tenant evicted. This is usually used when a landlord wants to remove a tenant who is not paying rent, or has not complied with the terms of the lease.

The warrant will state the date of eviction and the time that it should be carried out. The Sheriff or Marshal will then serve the warrant on your tenant and give them 72 hours to move out of your property. If the tenant does not leave within those 72 hours, then they will be physically evicted.

Depending on the type of case, this can be done before or after the case is heard in court. The Judge may allow a delay in enforcement of the warrant, so that the tenants have more time to move out.

If the landlord doesn’t want to wait until after the case is over, he can still get a warrant of eviction. In some cases, he will ask the Court to issue a judgment of possession in his favor.

You have a right to challenge the issuance of the judgment, by filing an Order to Show Cause. This gives you a chance to go before the judge and tell them why they should not have entered the judgment or allowed the eviction to proceed.

It can also help if you bring to court all the documents and evidence that prove your claim or defense. This can include a copy of the lease, accounting records, cancelled checks, receipts, photographs, and other items that prove what you are saying.

There are many ways that you can fight the eviction, so do not give up. It can be very difficult to convince a judge that you deserve to stay in your home.

For instance, let’s say that you have a problem with the repairs your landlord is making to your apartment. Instead of just leaving, you go to court and bring your rent money so that the judge can see that you can afford to pay the landlord.

How does a Sheriff Evict a Tenant?

A Sheriff is a court officer who enforces eviction orders, which are issued by the Landlord and Tenant Board (LTB). If you haven’t moved out by the date on your eviction order, your landlord will hire a Sheriff (also called a Court Enforcement Office) to physically remove you.

The process of evicting tenants from their homes can be long and complicated. There are many different types of eviction processes and each one can be unique.

If you’re a landlord, it’s important to understand how the Ontario eviction process works so that you can protect your rental income and keep renting risk-free.

First, you’ll need to make sure you give your tenant enough advance notice that their tenancy will end on a certain date. This means giving them enough time to move out and get their belongings.

Next, you’ll need to formally apply for an eviction through the LTB. This will usually involve a hearing, which is held online and by videoconference.

Once you have filed an eviction application with the LTB, the process will take a few weeks to process. This includes delays in scheduling a hearing date and in arbitration proceedings until a final decision is made by an arbitrator.

You’ll also need to pay a court fee and sheriff fees, which can be costly. In Ontario, for example, you can expect to pay between $2,600 and $5,000 in eviction costs, which include legal, court, and sheriff fees.

If you don’t have a lot of money, it can be difficult to handle the eviction process on your own. That’s why it’s important to seek help from an experienced lawyer who can explain the eviction process in detail and ensure your rights are protected.

The Landlord and Tenant Board has a number of resources available to help you with your eviction. These include a free online legal support portal and information about how to prepare for your hearing.

The Landlord and Tenant Board is responsible for resolving disputes between most residential landlords and their tenants in Ontario. It can help resolve issues related to rent increases, repairs and maintenance, privacy, moving out, and evictions.

What happens if I don’t move out?

One of the most difficult aspects of being a landlord is dealing with a disobedient tenant. This can be a frustrating situation especially when you have a large family that needs your attention at all times. The best way to tackle this is to devise a well thought out strategy that works for everyone involved. This may mean taking the time to consult a legal professional and having a budget friendly contingency plan in place at all times. There are many reasons why a tenant may decide to stay in your home, and it’s important to be prepared. Luckily, there are plenty of resources to help navigate the minefield and get you on your way to a happier and more productive relationship with your renters.

How can I fight a Sheriff Eviction?

If you live in Ontario, and a landlord has served you with an eviction notice (or notice to vacate), the law allows them to use the Sheriff to physically remove you from your property. This means that the Sheriff’s office will come to your house and change your locks, or even remove your belongings and make you leave.

The best way to fight a Sheriff eviction is to ask for a hearing in court. Depending on your case, you might need to hire a lawyer to help you fight your eviction.

You may also have a chance to get the judge to set your eviction order aside if you can show that there was evidence that you did not know about at the time of your eviction hearing, but would probably have changed the judge’s decision. For example, you might have found a document that your landlord did not have access to or which the judge did not have time to look at before making his decision.

In some cases, the court can even stay the eviction for up to a year, if you prove that you cannot find another home or that moving would cause you severe hardship. You may be able to show that your family is in danger of being separated because you are being evicted, or that you have a serious illness and it would be difficult for you to move elsewhere.

Once you have a hearing date, you need to serve your Order to Show Cause on the landlord by that date and in the manner the court says you must. If the court does not agree with your request, you can go to a different hearing and try to get a judge to set your eviction order aside.

Getting your eviction order set aside is usually an expensive and time-consuming process, but it may be the only way to stop the eviction. After you have a hearing, you will receive copies of your eviction order from the LTB, and you will need to bring these to the sheriff’s office with you or give them to your representative.

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