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Eviction Procedure

These are the steps that must take place before you can be legally evicted:

  1. Your landlord gives you a written Notice of Termination – this must include the reasons for eviction, the date you are being asked to leave, and a clear statement that you do not have to leave by the termination date in the Notice.
  2. Your landlord applies to the Landlord and Tenant Board by filing an Application to Terminate a Tenancy ;your landlord must give you a copy of this application and a Notice of Hearing.
  3. If you disagree with the application, you must file a written dispute with the Landlord and Tenant Board after receiving an Application to Terminate a Tenancy. If you do not file a dispute within 5 days of receiving the application to Terminate a Tenancy, the Landlord and Tenant Board will make an eviction order and a hearing may not take place.
    If you didn’t file a written dispute in five days, it is possible to get the eviction order “set aside” if you act quickly. You must use the Landlord and Tenant Board “set aside” form. A possible reason for granting a set aside motion is if the landlord did not give you a copy of the application to terminate a tenancy. If you want to try and get a “set aside”, get legal advice. You may want to speak directly to the Tenant Duty Counsel located at the Landlord and Tenant Board offices.
  4. If you file a dispute (by either dropping it off to the Landlord and Tenant Board, faxing or mailing the hearing will take place and the adjudicator will either allow you to stay or will issue an eviction order.
  5. The eviction order gives the landlord the right to take possession of your apartment on a certain date. If you do not move out, your landlord will give a copy to the sheriff in Toronto. The sheriff will usually give you his own notice a few days before carrying out the eviction.
  6. If you do not move out by the date in the eviction order, the sheriff, and only the sheriff, can change your locks and force you to leave.
  7. Once the sheriff has enforced the eviction order, the landlord only has to wait 48 hours before selling or disposing of any of the possessions left behind in the rental unit. However, by law you are entitled to be let back into the apartment during those 48 hours and remove your possessions.