Even when a landlord gets an eviction order from the Landlord and Tenant Board, they cannot remove the tenant themselves on the termination date in the order. Only the Sheriff can evict. The landlord cannot change the locks or remove the tenant. Only the Sheriff has this authority.

If the tenant doesn’t leave on their own by the termination date, the landlord can go to the Sheriff’s office (the Court Enforcement Office) for the area where the rental unit is, and file to have the Sheriff remove the tenant.

What to bring to the Sheriff’s office

  • The Landlord and Tenant Board order
  • The Sheriff’s eviction information form

Notice to vacate

The Sheriff’s office may give the tenant a “Notice to Vacate” telling them the approximate date the Sheriff will come to change the locks, but it isn’t legally required to give advance notice.

On the day

Someone, usually the landlord, must be at the unit to meet the Sheriff. If no one is there, nothing will happen, and the Sheriff will leave.

A locksmith must also be there at the same time, or the same thing will happen.

Police assistance: The Sheriff can ask for police assistance if they expect violence or a breach of the peace, but the police do not carry out the eviction themselves.

Once the Sheriff has removed whoever is in the home, the locks are changed.

The tenant’s belongings: the 72-hour rule

Once the Sheriff has enforced the eviction and the locks are changed, the tenant has specific rights to their property:

  • 72 hours to collect belongings: The landlord must give the tenant 72 hours (three full days) to take all their personal property. This applies even on weekends and holidays.
  • Access hours: During the 72 hours, the landlord must make the tenant’s property available for pickup between 8 a.m. and 8 p.m.
  • Where the belongings are kept: The property must be kept in or near the rental unit, in a safe place, so the tenant can get to it without difficulty.
  • No disposal or sale: The landlord cannot sell, keep or dispose of any of the tenant’s property during the 72 hours.
  • After 72 hours: If the tenant hasn’t collected their belongings after 72 hours, they lose their rights to the property, and the landlord can sell, keep or dispose of the items.
  • Exceptions: The landlord can immediately dispose of unsafe or unhygienic items, like rotting food. The landlord and tenant can also agree to different terms in writing.

Stopping the Sheriff

A tenant can stop the Sheriff from enforcing the eviction, most commonly when the eviction was for rent arrears. They must pay the full amount owed (including any LTB or Sheriff fees) and file a motion to void the eviction order with the LTB before the Sheriff arrives to enforce it. This can only be done once per tenancy.

Source: Residential Tenancies Act, 2006, sections 41 and 74.

This article is general information about Ontario law, not legal advice about your situation. The date on your own paperwork is the one that counts. If you're unsure, call us at 1-888-609-4414.