LTB Orders and Sheriff Enforcement
An LTB order is a legally binding decision — but enforcing it, especially an eviction, follows a specific process that only certain officials can carry out.
An LTB order is a legally binding decision — but enforcing it, especially an eviction, follows a specific process that only certain officials can carry out.
When the Landlord and Tenant Board decides an application, it generally issues a written order setting out its decision — for example, an order terminating a tenancy and evicting a tenant, an order requiring a landlord to make repairs, or an order requiring one party to pay the other a specific amount of money. An order generally becomes enforceable once it takes effect according to its own terms, which for an eviction order typically means after a stated move-out date has passed. Both parties should read the order carefully, since it sets out specific deadlines and requirements.
If a party believes an LTB order contains a serious error, or that they did not receive proper notice of the hearing, they may generally be able to ask the LTB itself to review the order. This is done by filing a request to review within a specific deadline, usually a limited number of days after the order was issued or received. A review is not simply a chance to re-argue the case — the LTB generally looks at whether there was a serious error or a breach of procedural fairness, and it may deny the request, deny it after a hearing, or in some cases set aside or vary the original order.
Separately from an LTB review, a party may generally appeal an LTB order to the Ontario Superior Court of Justice (Divisional Court), but only on a question of law — not simply because a party disagrees with the outcome or how the facts were weighed. Appeals to Divisional Court generally have strict filing deadlines and procedural requirements, and pursuing one often benefits from advice from a paralegal or lawyer given the technical nature of identifying a proper legal question.
Filing a request to review or an appeal does not automatically pause enforcement of an order — a party who wants to delay enforcement generally needs to also ask the LTB or the court for a stay, and there is no guarantee one will be granted.
If a tenant does not move out voluntarily after a valid LTB eviction order takes effect, the landlord cannot remove the tenant or their belongings themselves. Instead, the landlord must generally file the order with the Court Enforcement Office (Sheriff's office) for the area where the rental unit is located. Only the Sheriff's office has the legal authority to physically enforce an eviction order in Ontario, and it generally does so on its own schedule after receiving the filed order, giving advance notice of the enforcement date where required.
Ontario law does not permit a landlord to take enforcement into their own hands. Changing the locks without the tenant's consent, removing a tenant's belongings, shutting off utilities such as heat, water or electricity, or otherwise trying to force a tenant out are generally all illegal actions, regardless of how much rent is owed or how clear-cut the landlord believes their case to be. These actions can lead to serious consequences for a landlord, including LTB orders for compensation, fines, and other penalties. A landlord who has obtained a valid eviction order must still wait for Sheriff enforcement if the tenant does not leave voluntarily.
No matter how valid an eviction order is, only the Sheriff's office can physically remove a tenant — never the landlord, a property manager, or anyone hired by the landlord.
Some LTB orders require one party to pay the other a sum of money — for example, an order for a tenant to pay arrears of rent, or for a landlord to pay compensation to a tenant. If the paying party does not comply voluntarily, an LTB money order generally can be enforced in the same way as a Small Claims Court judgment. This typically means the party owed money can file the order with the Small Claims Court and use its enforcement tools, such as garnishment of wages or bank accounts, or seizure and sale of property through the Sheriff's office, depending on what information is available about the other party's assets. Enforcement can take time and does not guarantee full recovery of the amount owed.
Fill out the form and an independent landlord-tenant lawyer may reach out to offer a free consultation about your situation.