What Happens If a Tenant Refuses to Leave After an Eviction Order
What actually happens when a tenant stays past an LTB eviction order, and why only the Sheriff can act.
Insights · Evictions & Notices
On this page
- What an LTB eviction order actually says
- Why an order doesn't remove anyone by itself
- Why only the Sheriff can enforce an eviction order
- How enforcement timing generally works
- What a landlord generally cannot do while waiting
- Options a tenant may still have after an order issues
- What generally happens on the day of enforcement
- Practical steps while waiting for enforcement
What an LTB eviction order actually says
When the Landlord and Tenant Board grants an eviction application, it issues a written order that sets out a termination date and, generally, gives the tenant a short window beyond that date before the landlord can take the next step. The order itself is a legal determination that the tenancy is ended — it is not, by itself, a mechanism that physically removes anyone from the unit. Many landlords assume that once the order is in hand, the matter is essentially resolved. In practice, the order is closer to a starting gun for a separate enforcement process than it is to a finish line.
The order typically specifies the amount of any arrears owed, if the application included a request for rent owing, along with the termination date. If the tenant does not move out and does not pay what is owed (where applicable) by the date set out, the landlord's next step is to file the order with the Court Enforcement Office, sometimes still referred to informally as the Sheriff's office.
Key point
An LTB order ending a tenancy does not, by itself, authorize a landlord to remove a tenant or their belongings. Only the Sheriff, acting on a filed order, can physically enforce an eviction in Ontario.
Why an order doesn't remove anyone by itself
This is the single most misunderstood part of the eviction process. A landlord holding a signed LTB order sometimes believes they can now change the locks, ask police to remove the tenant, or simply move the tenant's belongings out onto the curb. None of that is generally accurate. The Residential Tenancies Act, 2006 is explicit that a landlord cannot evict a tenant except by filing the Board's order with the Court Enforcement Office and having that office carry out the eviction. Taking matters into one's own hands — even with a valid order in hand — can expose a landlord to serious consequences, including a tenant application alleging an illegal eviction.
The practical reason for this separation is accountability. The enforcement process is designed to ensure that any physical eviction happens in a controlled, documented way, with a neutral third party present, rather than through a confrontation between landlord and tenant.
Why only the Sheriff can enforce an eviction order
Once a landlord has a final order and the time for the tenant to move out or pay has passed, the landlord generally files that order with the local Court Enforcement Office. That office reviews the order, schedules the enforcement, and ultimately sends enforcement officers to the rental unit to carry out the eviction if the tenant has not left voluntarily. Police are not generally the enforcing authority for a civil eviction order; their role, if any, is typically limited to keeping the peace if asked to attend.
This structure exists specifically so that landlords cannot act as judge, jury, and enforcer in their own dispute. Even a landlord who is clearly in the right under the order still has to go through this formal channel. There's no shortcut available, no matter how long the tenant has been overholding or how frustrating the delay becomes.
How enforcement timing generally works
Enforcement timelines vary by jurisdiction and current caseload, and it would be inaccurate to promise a specific number of days or weeks. In general, after an order is filed, the enforcement office contacts the landlord to arrange scheduling, and the tenant is typically given written notice of the scheduled enforcement date before officers attend. This advance notice period exists in part to give a tenant one last opportunity to move out voluntarily and avoid a more disruptive process.
Landlords planning around an eviction — for example, lining up renovations or a new tenant — should generally build in a buffer for this enforcement stage rather than assuming the unit will be vacant immediately once the LTB's own termination date passes.
What a landlord generally cannot do while waiting
While waiting for enforcement, a landlord cannot generally change the locks, shut off utilities, remove or interfere with the tenant's belongings, or otherwise try to pressure the tenant into leaving faster. Each of these actions can constitute an illegal lockout or harassment under the RTA, independent of whether the underlying eviction order is valid. A landlord who takes these steps risks a tenant application for compensation or an order restoring access, on top of whatever penalties or costs that process may bring — even though the landlord technically "won" the original eviction case.
The safest posture for a landlord in this period is to continue acting as though the tenancy is ongoing until the Sheriff actually carries out the enforcement: continuing to accept rent carefully (or documenting any refusal to accept it, since accepting rent can sometimes complicate an eviction), maintaining the unit, and not taking any unilateral action.
Options a tenant may still have after an order issues
A tenant who receives an eviction order is not automatically out of options, though the available paths narrow considerably. Depending on the circumstances, a tenant may be able to ask the LTB to review its own order, request a stay of eviction in limited circumstances, or in rare cases pursue an appeal to the Divisional Court on a question of law. None of these routes pause enforcement automatically just because they've been filed — a tenant generally needs to specifically request relief from eviction and may need to act quickly given enforcement timelines.
A tenant who intends to move out, even past the original termination date, is generally better served coordinating directly with the landlord or at least documenting a clear moving timeline, since voluntarily vacating before enforcement officers arrive avoids the more disruptive version of the process for everyone involved.
What generally happens on the day of enforcement
On the scheduled enforcement date, Court Enforcement Office officers generally attend the rental unit, and the tenant is expected to have vacated. If the tenant has not left, officers can remove the tenant and, generally, oversee the removal of belongings, with the landlord typically responsible for arranging storage or disposal of items left behind according to applicable rules. This stage is the only point in the entire process where a tenant is actually, physically removed — not the hearing, not the order, and not any earlier notice.
Common misconception
Receiving an eviction order is often treated as the end of the story. In reality, it generally only starts a separate enforcement process, and the tenant remains the legal occupant of the unit, with all the protections that implies, until the Sheriff actually carries out the eviction.
Practical steps while waiting for enforcement
Landlords waiting on enforcement generally benefit from keeping a clear paper trail: a copy of the filed order, written communication with the enforcement office, and records of any contact with the tenant. Avoiding direct confrontation and routing concerns through the proper office tends to produce a cleaner outcome than attempting to speed things up informally. Tenants in the same period are generally well served by getting independent advice promptly, since the window to seek a review or stay can be short, and by beginning to plan a move regardless of whether further relief is sought, given how narrow the remaining options usually are.
This article provides general information about Ontario landlord and tenant law.
It is not legal advice. For advice about a specific situation, consult a licensed
paralegal or lawyer, or contact the Landlord and Tenant Board.
Frequently Asked Questions
Generally no. Even with a valid LTB order, only the Sheriff's office, acting on a filed order, can carry out the eviction. Changing locks beforehand can constitute an illegal lockout.
The local Court Enforcement Office, commonly still referred to as the Sheriff, is generally the only body authorized to physically carry out a residential eviction order.
Generally no. A residential tenancy eviction is a civil matter enforced through the Court Enforcement Office, not a police matter, though police may attend to keep the peace in some situations.
Timing varies by local caseload and is not fixed by the RTA itself, so it is best not to assume a specific number of days. Contacting the local enforcement office directly generally gives the most current information.
Belongings are generally removed under the oversight of enforcement officers, with the landlord typically responsible for storing or disposing of items left behind according to applicable rules.
In limited circumstances a tenant may be able to request a review of the order or, rarely, pursue an appeal. These options generally require prompt action and aren't available in every case.
It can complicate enforcement in some circumstances, so landlords are generally cautious about accepting rent, or document it carefully, once an order has been issued.
No. Shutting off utilities to force a tenant out is generally treated as a form of illegal self-help eviction, regardless of whether an eviction order has already been granted.
The landlord's next step is generally to file the LTB's order with the local Court Enforcement Office so the eviction can be scheduled and carried out formally.
No. Any removal outside the formal Sheriff's enforcement process generally risks being treated as an illegal eviction, regardless of who physically carries it out.
Related reading
Reviewed by Ryan J. Manilla, BA, JD
Legal Reviewer · Landlord Tenant Ontario