Question: How Long Does It Take for a Sheriff to Evict You in Ontario?
Answer: After a landlord files an LTB eviction order, the Sheriff posts a Notice to Vacate, typically giving you about one week to move. The total time from filing to eviction can vary based on the Sheriff’s schedule.
The Eviction Timeline in Ontario
Facing a potential eviction is a stressful experience. Many tenants feel uncertain about their rights and the process ahead. A common question people ask is about how long does it take for a sheriff to evict you in Ontario. The answer is not a single number. The eviction process is a series of legal steps with specific timelines. A landlord cannot simply change the locks or demand you leave immediately. They must follow a strict legal procedure.
This procedure involves official notices, a hearing, and a formal order before a Sheriff can get involved. Each stage adds time to the overall timeline. Understanding these steps can help you prepare for what is to come. This article breaks down the entire process from the first notice to the final enforcement by a Sheriff. It provides a clear picture of the timelines you can expect at each phase of an eviction in this province. Knowing this information empowers you to understand your situation fully.
The Initial Eviction Steps
The eviction process begins long before a Sheriff arrives. A landlord must first provide a tenant with a formal notice to end the tenancy. This notice is not a simple letter or text message. It must be an official form from the Landlord and Tenant Board (LTB). The type of form depends on the reason for the eviction. For example, an N4 form is for non-payment of rent. An N5 form is for damaging the property or disturbing others.
Each notice has a specific period for the tenant to either correct the issue or move out. An N4 notice for not paying rent gives a tenant 14 days to pay the full amount owed. An N5 notice gives a tenant a chance to fix the problem. This initial notice period is the first part of the eviction timeline. It is important to know that receiving a notice does not mean you must leave. It is the landlord’s first legal step. You have the right to wait for a hearing if you dispute the landlord’s claims.
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What an Eviction Order Means
If the LTB adjudicator sides with the landlord, they will issue an eviction order. This is a legal document that formally ends the tenancy. The order specifies a date by which the tenant must vacate the property. This is called the termination date. The termination date is not immediate. The LTB typically sets this date at least 11 days after it issues the order. This gives the tenant a final period to arrange their move.
The eviction order is a serious document, but it is still not the final step for enforcement. The landlord cannot use this paper to remove you themselves. Only a Court Enforcement Officer, also known as a Sheriff, has the authority to physically remove a tenant from a rental unit. The eviction order simply gives the landlord the legal permission they need to hire the Sheriff. The period between the LTB hearing and the termination date adds more time to the total eviction process.
When the Sheriff Steps In
A tenant might not move out by the termination date on the LTB order. In this case, the landlord’s next step is to enforce the order. The landlord cannot change the locks, move your belongings, or cut off your utilities. These actions are illegal. Instead, the landlord must take the LTB eviction order to the Court Enforcement Office in their jurisdiction. This office is commonly known as the Sheriff’s office. The landlord pays a fee to have the Sheriff schedule and carry out the eviction.
Filing the order with the Sheriff’s office is a formal administrative process. The office receives the request, processes the paperwork, and then schedules a date for the enforcement. The time this takes can vary by region. Some offices may be busier than others, which can create a delay of several days or even a couple of weeks. This step officially transfers the responsibility of removing the tenant from the landlord to a legal authority. This ensures the final part of the process is handled professionally and lawfully.
The Final Eviction Timeline
Once the Sheriff’s office schedules the eviction, the process enters its final phase. The Sheriff provides the tenant with a formal “Notice to Vacate.” This document informs the tenant of the exact date and time the eviction will occur. The law requires the Sheriff to give the tenant reasonable notice before they show up. Typically, this notice period is about seven days. This gives the tenant a final week to pack their belongings and leave the property voluntarily.
On the scheduled date, the Sheriff will arrive at the rental unit to enforce the eviction. The landlord or their representative will also be present to meet the Sheriff and change the locks. The Sheriff’s job is to ensure the tenant leaves the property peacefully. If the tenant is not home, the Sheriff will oversee the changing of the locks, legally preventing the tenant from re-entering. This final week, from the Sheriff’s notice to the actual enforcement, is the last piece of the timeline puzzle. It is the most direct answer to how long a Sheriff takes, but it only happens after all prior steps are complete.
Calculating the Full Eviction Timeline
To understand the complete eviction timeline, you must add up the time from each stage. The process is not quick. It is a sequence of legally required waiting periods. First, the landlord issues an LTB notice, which has a notice period of at least 14 days. If the issue is not resolved, the landlord applies to the LTB. The wait for an LTB hearing can be the longest part, often taking several weeks to a few months.
After the hearing, an eviction order gives the tenant at least another 11 days before the termination date. If the tenant still does not leave, the landlord files with the Sheriff. Finally, the Sheriff provides a Notice to Vacate, which usually gives the tenant another seven days. When you combine all these periods, a full eviction process from start to finish can take from two to four months, and sometimes longer. Every case is unique, and delays can happen at any stage.
