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Order in hand, tenant still there

The Board has issued an eviction order and the date in it has passed, but your tenant is still in the unit. You may also be owed money under the same order.

ENFORCEMENT

What we do

  1. Check the order

    We read the termination date, the date the order can be enforced and any amount the tenant can pay to void it.

  2. File with the Court Enforcement Office

    We file the order with the Court Enforcement Office for the area where the unit is, within the time the Act allows.

  3. Track motions and stays

    We watch for a tenant's motion, review request or appeal that puts the order on hold, and respond to it.

  4. Prepare for the eviction day

    We explain what the Sheriff does and what you must do with the tenant's belongings afterwards.

  5. Collect the money

    We file the payment part of the order with the Small Claims Court for enforcement.

The forms involved

How the timing works

  1. Order issuedStates the date the tenant must leave.
  2. Void periodArrears orders: tenant can pay before it is enforceable.
  3. File with SheriffWithin six months after the order takes effect.
  4. Sheriff enforcesOnly the Sheriff removes the tenant.
  5. Belongings available72 hours, 8 a.m. to 8 p.m., near the unit.

How the process runs

An eviction order states the date by which the tenant must leave. If the order follows a notice of termination, it cannot take effect before the termination date in that notice (RTA s. 80). An order for unpaid rent also sets out the arrears, the daily compensation and costs. The tenant can void it by paying the amount it specifies before it becomes enforceable (RTA s. 74).

If the tenant has not left, you file the order with the Court Enforcement Office, also called the Sheriff’s office, for the area where the unit is. That office charges its own fee. The order expires if it is not filed within six months after the day it takes effect (RTA s. 81), and once it expires you cannot apply again for eviction on the same issue. The order is enforced in the same way as a writ of possession (RTA s. 85). For some grounds, such as wilful damage or acts that seriously impair safety, the Board asks the Sheriff to expedite enforcement (RTA s. 84).

Only the Sheriff can carry out the eviction. You cannot remove the tenant or change the locks yourself. Recovering possession unlawfully, or changing the locks without giving the tenant keys, is an offence under the Act, with fines of up to $100,000 for an individual and $500,000 for a corporation (RTA ss. 39, 233, 234 and 238).

Belongings and money

After the Sheriff enforces the order, you must not sell, keep or dispose of the tenant’s property for 72 hours. During that time you must make it available at a location close to the unit, between 8 a.m. and 8 p.m. After the 72 hours you may sell, keep or dispose of it, unless you and the tenant agreed to other terms (RTA s. 41).

The money part of the order is enforced separately. An order for payment of money can be filed with the Small Claims Court for enforcement. If the Board set a payment date, interest runs only after that date, at the post-judgment rate (RTA s. 207(7)).

Where applications go wrong

  • Filing too late. An eviction order that is not filed with the Sheriff within six months after it takes effect expires.
  • Overlooking a stay. A set-aside motion, a review stay or an appeal puts the order on hold, and a stayed order cannot be enforced. The party who obtains a stay must take it to the Court Enforcement Office, but check the Board file too.
  • Missing the S3 deadline. If the Board voids an arrears eviction order without a hearing, your motion to set that aside must be filed within 10 days.
  • Ignoring a late payment. If the tenant pays everything owed after the order becomes enforceable but before the Sheriff acts, the tenant can move to void the order. The Board can then make the tenant cover non-refundable Sheriff fees you have paid.
  • Handling belongings too soon. Disposing of property before 72 hours pass, or not making it available, can lead to an order against you and an offence charge.

Fees

The steps below are each priced on their own. Board filing fees are separate and are paid to the Board.

  • Enforcing an order

    Filing the order with the Court Enforcement Office and following it through.

No two matters are alike, so we price yours once we know the facts. You will know the fee before any work starts.

Screening call: 15 minutes, complimentary. Full consultation: 45 minutes, $150 incl. HST.

Book the complimentary call

Questions

Can I change the locks once I have an eviction order?

No. An eviction order can only be enforced by the Court Enforcement Office of the Superior Court of Justice, also called the Sheriff’s office. You file a copy of the order with that office, and the Sheriff carries out the eviction. The Residential Tenancies Act lets you recover possession only if the tenant has left or a Board eviction order has authorized it. Changing the locks without giving the tenant replacement keys, or unlawfully recovering possession, is an offence (sections 24, 39, 233 and 234).

What happens to the tenant's belongings after the Sheriff evicts them?

For 72 hours after the Sheriff enforces the order, you must not sell, keep or dispose of the tenant’s property. During that time it must be available for the tenant to collect at a location close to the unit, between 8 a.m. and 8 p.m. After that you may sell, keep or dispose of it, and you are not liable if you followed the Act. You and the tenant can agree to different terms. Not making the property available is an offence (RTA ss. 41 and 234).

Does an eviction order expire?

Yes. An eviction order expires six months after the day it takes effect if it has not been filed with the Sheriff for the area where the unit is. Once it expires, you cannot apply for another eviction order on the same issue. The six months do not run while the order is stayed, such as by a review request or an appeal. Once filed, the order remains enforceable for one year from the date it takes effect, and a court can be asked to extend that period.

Sources (25)

Legal statements on this page come from Ontario's laws and regulations, the Landlord and Tenant Board's own forms, instructions and rules, and the other official sources listed below.

  1. An LTB eviction order includes the date by which the tenant has to move out; if the tenant does not leave, the landlord must file the order with the Court Enforcement Office (If You are Locked out of Your Unit brochure, updated September 21, 2026). Tribunals Ontario
  2. An eviction order after a notice of termination may not be effective earlier than the termination date in the notice (RTA s. 80(1)). Ontario e-Laws
  3. An arrears eviction order must specify the arrears, the daily compensation and costs, and is void if the tenant pays the specified amount before it becomes enforceable (RTA s. 74(3)-(4)). Ontario e-Laws
  4. If the tenant does not leave by the date in the eviction order, the order can be filed with the Court Enforcement Office (Sheriff's office) to be enforced (LTB, Application and hearing process, section 6, Enforcement of an LTB order). Tribunals Ontario
  5. The order is filed with the sheriff who has territorial jurisdiction where the rental unit is located; it expires six months after the day it takes effect if not filed within those six months (RTA s. 81). Ontario e-Laws
  6. The Court Enforcement Office charges the landlord a fee to enforce the order; only the Court Enforcement Office can enforce an eviction order, and a landlord cannot remove the tenant or change the locks (How a Landlord Can End a Tenancy brochure, updated September 21, 2026). Tribunals Ontario
  7. Once an eviction order expires, the landlord cannot apply for another eviction order based on the same issue; the six-month period does not run while the order is stayed (Interpretation Guideline 10, Expiry of the Eviction Order). Tribunals Ontario
  8. An order evicting a person has the same effect, and is enforced in the same manner, as a writ of possession (RTA s. 85). Ontario e-Laws
  9. For orders based on notices under ss. 63, 65 or 66, or s. 61 notices involving an illegal act described in s. 61(2)(a), the Board must request that the sheriff expedite enforcement, subject to s. 83(1)(b) (RTA s. 84). Ontario e-Laws
  10. A landlord shall not recover possession of a rental unit unless the tenant has vacated or abandoned it or a Board eviction order has authorized the possession (RTA s. 39). Ontario e-Laws
  11. It is an offence to knowingly alter the locking system contrary to s. 24 (RTA s. 233(b)). Ontario e-Laws
  12. It is an offence to unlawfully recover possession of a rental unit (RTA s. 234(w)) or to fail to make an evicted tenant's property available for retrieval in accordance with s. 41(3) (RTA s. 234(b)). Ontario e-Laws
  13. Maximum fine on conviction: $100,000 for an individual and $500,000 for a corporation (RTA s. 238(1)-(2)). Ontario e-Laws
  14. After an eviction order is enforced, the landlord shall not sell, retain or dispose of the tenant's property before 72 hours have elapsed, and must make it available close to the unit during the prescribed hours (RTA s. 41(2)-(3)); the parties may agree to other terms (s. 41(5)); a landlord who complies is not liable (s. 41(4)). Ontario e-Laws
  15. The landlord must make the tenant's property available between 8 a.m. and 8 p.m. during the 72-hour period (Property Left Behind When a Tenant Moves Out brochure, updated July 2026). Tribunals Ontario
  16. On a former tenant's application, the Board may order return of property, payment of costs and an administrative fine where the landlord breached s. 41(2) or (3) (RTA s. 41(6)). Ontario e-Laws
  17. An order for payment of money can be filed with the Small Claims Court for enforcement (LTB, Application and hearing process, section 6, Enforcement of an LTB order). Tribunals Ontario
  18. The Board may set a payment date, and interest accrues only after that date at the post-judgment interest rate (RTA s. 207(7)). Ontario e-Laws
  19. A stayed order cannot be enforced: set-aside motions under ss. 77(6) and 78(9) stay the order (RTA ss. 77(7), 78(10)); a tenant's motion under s. 74(11) stays the arrears eviction order once accepted for filing (RTA s. 74(13)). Ontario e-Laws
  20. The LTB may stay an order while a request to review is decided (Interpretation Guideline 8, Stay of the Order). Tribunals Ontario
  21. An appeal to the Divisional Court automatically stays the order, which cannot be enforced unless the stay is lifted (LTB, Application and hearing process, section 6, Appealing an order). Tribunals Ontario
  22. Parties must take set-aside motions, notices or orders confirming an eviction order is void, and stay orders to the Court Enforcement Office (LTB Rules 25.1 to 25.3). Tribunals Ontario
  23. A landlord may move to set aside an order made under s. 74(6) within 10 days after it is issued (RTA s. 74(9)); the S3 motion is available only if the order to void was issued without a hearing (Form S3, v. 01/04/2022). Tribunals Ontario
  24. If a tenant voids the order after it became enforceable, the Board specifies any non-refundable enforcement amount the landlord paid and requires the tenant to pay it; if the tenant has not paid enough, the Board may order the tenant to pay it to the landlord (RTA s. 74(15), (18)). Ontario e-Laws
  25. Form title 'Tenant's Motion to Void an Eviction Order for Arrears of Rent' (v. 15/12/2018). Tribunals Ontario

Every month of delay is another month of rent.

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