In Ontario, when a landlord is granted an eviction order by the Landlord and Tenant Board (LTB), the final step is the sheriff's enforcement. This is an important moment in your journey to getting your house back. 

Be over-prepared. 

If you don’t know where to start, I documented all the preparations I made into a Getting Ready for Eviction Day Template that you can have for free! 

In this article, I break down Part 1 of my tenant eviction day and go into detail. I hope it helps you understand the process better. I learned through sweat, tears, trial, and (LOTS) of error. My hope is that you don’t have to.

The reel below is the first of a 10 part series chronicling my tenant eviction process. You can watch all 10 parts by heading to my Eviction Day Prep. 

Let’s begin.

In Ontario, my tenants had 72 hours to pick up their leftover belongings after the sheriff comes for an eviction.
I have heard stories of tenants flooding houses, damaging walls and starting fights.
I definitely did not want that to happen to me.
This is my floor plan that I drew.

I installed 13 cameras inside and outside of the house. 
Remember, you can never be over-prepared to get your back.
-Weiting, Co-Founder, Openroom

What is this 72-hour rule? Why did I install 13 cameras? Why does the sheriff come to evict my tenants?

As you regain possession of your property, the 72 hours that follow are critical. It is important to prepare well to get through it and finish this horrible chapter in your life.

Here’s a breakdown of how eviction works, what happens during the 72-hour period after eviction, and some critical precautions I took, and you can too.

Understanding the Sheriff's role in evictions

A guidance brochure by the Ontario Landlord and Tenant Board (LTB) on How a Landlord Can End a Tenancy explains that:

“An eviction order can only be enforced by the Court Enforcement Office of the Superior Court of Justice (also called the “Sheriff’s Office”).
-Landlord and Tenant Board,  How a Landlord Can End a Tenancy

Only a Sheriff, not the landlord, can enforce an eviction in Ontario. The sheriff's office executes the order from the LTB, ensuring that the tenants vacate the premises. Once the sheriff completes the eviction, the property officially returns to the landlord.

How did I know the Sheriff was going to show up?

I called the sheriff’s office every day for 7 days leading up to my eviction to ensure that there were no changes to this plan. Like I said, overpreparation is KEY.

What are the Sheriff's duties during an eviction?

The Sheriff ensures a few things upon arrival at your property. They:

• Confirm the tenants have vacated the property.
• Ensure the locks are changed (I had a locksmith on-site ready to assist).
• Deliver possession of the vacant property to the landlord.

In my case, the tenants were not there when the Sheriff arrived to evict them. However, they actually locked me out of my house with a deadbolt on the front door! I thought we were never going to get in. Remember, I needed the locks changed for the sheriff to grant me vacant possession.

Luckily, the side door was open (phew!). We got in, the locksmith changed the lock, and the Sheriff granted me vacant possession of my house. If the tenants were still in the house, the Sheriff would have ordered them to leave. 

After the locks are changed, the tenants no longer have free access to the home.

After the locks are changed, the tenants no longer have free access to the home.

It is SO VERY IMPORTANT that you understand this. The property is now yours. Anything the tenant does to it is illegal. You are the owner, you decide who comes in, who goes out. 

Do I have to provide my tenants with a set of keys?

Absolutely not. It is no longer their property. It is mine. You should NOT give them a set of keys. That’s why you changed the locks. 

The 72-hour window for tenants to collect their belongings

After the Sheriff left, my tenants had 72 hours to return to collect their remaining belongings. There are rules on this stipulated in the RTA and its guidance documents.

What the Residential Tenancies Act says about the 72-hour window

After an eviction, the Residential Tenancies Act (RTA) mandates that landlords allow the evicted tenant 72 hours to collect their belongings. This period is critical for both parties. 

Section 41 subsection (2), (3), (4) and (5) of the Residential Tenancies Act outlines the following:

(2) Despite subsection (1), where an order is made to evict a tenant, the landlord shall not sell, retain or otherwise dispose of the tenant’s property before 72 hours have elapsed after the enforcement of the eviction order.  2006, c. 17, s. 41 (2).
Same
‍(3) A landlord shall make an evicted tenant’s property available to be retrieved at a location close to the rental unit during the prescribed hours within the 72 hours after the enforcement of an eviction order.  2006, c. 17, s. 41
Liability of landlord
(4) A landlord is not liable to any person for selling, retaining or otherwise disposing of a tenant’s property in accordance with this section.  2006, c. 17, s. 41 (4).
Agreement
‍(5) A landlord and a tenant may agree to terms other than those set out in this section with regard to the disposal of the tenant’s property.  2006, c. 17, s. 41 (5).

The Tenant Rights Interpretation Guideline 6 provides further guidance on the RTA, adding that

“Under subsection 41(2), a landlord must allow a tenant who has been evicted by the Sheriff 72 hours after their eviction to get their property. The landlord must make the evicted tenant's property available from 8 am to 8 pm during this 72 hour period.
The tenant's property must be kept at the rental unit or a location near the rental unit so that the tenant can get it without difficulty. The landlord must not sell, keep or otherwise dispose of the tenant's property during this period. The parties can agree to other terms regarding what to do about the tenant's property.”

What this means to you, the landlord

So, to summarize, this is what is required of you:

• Access Window: Tenants must be given access to their items between 8 a.m. and 8 p.m. during the 72 hours.
• Location of Items: The belongings should either remain in the rental unit or be placed somewhere nearby, such as a garage.
• No Disposal: Landlords cannot sell, keep, or dispose of a tenant's property during the 72-hour window.

How did I have my locks changed so quickly?

Preparation. I had contracted a locksmith in advance. They were on-site on the day of the eviction ready to change the locks as soon as we got into the property.

Could my tenants show up at my property whenever they want between 8am and 8pm?

No. They have to discuss this with me. It is MY property now. I am obligated to allow them a reasonable amount of time between 8am and 8pm to come collect their belongings, but it is when I allow it.  We agreed on set times they would be there. They were not allowed on my property outside of the agreed upon times,

Could my tenants enter the property when no one was there?

No. I did not allow this. During those 72 hours, there was always someone in the house. Friends slept over. When my tenants did arrive at their designated time, there was always someone accompanying them. They were only allowed in certain areas of the property.

Could my tenants walk wherever in the house to get their things?

No. I moved all their possessions to the garage. They were only allowed to go there and then to the fridge in the kitchen to get their things.

Why did I install 13 cameras in and around my house?

To ensure that everything that went on in those 72 hours was recorded. I didn’t know if my tenants would retaliate. If they did, I wanted to have evidence of this. Remember, I have been under-prepared before.

Could my tenants move back into the property at this time?

No. When the sheriff arrives to evict, the decision is final. Before that, however, there are some factors that could change the outcome. 

1. My tenants pay all that is owed to me.

If  my tenants had paid ALL that was owed to me in rental arrears, which is close to $35,000 BEFORE their eviction date, then yes, they could potentially void the eviction. 

2. My tenants requested a review of the order with the LTB.

If my tenants had requested a review of the order with the LTB and were successful in doing so, the LTB would grant a stay on the order. This means a pause on the decision to evict. 

I called the sheriff's office every day for 7 days before the eviction date to ask if there was a stay on my order just in case.

Hiring security personnel

Some actions I took as extra precautions paid off. Watch the reel below on Part 2 of my eviction journey.

Why did I hire extra security personnel? Were my tenants disruptive?

It’s a hard time for everyone. The security personnel were highly professional, polite, and firm in the way they communicated with my tenants. They were experienced, calm, and able to prevent any escalation of conflict throughout the 72 hour period. It helped set an environment of respect and safety for all parties present.

Additional ways to protect yourself when evicting tenants

I did so much more than what I wrote here. The full list of instructions are detailed Getting Ready for Eviction Day Template, a free resource you can access. 

I’ll highlight some key points before ending this article. Keep in mind, not everything may work for you. Take what you feel you can execute and do your best. 

Debriefing my team

I had a team of family and friends who were by my side on the day of eviction. Some stayed overnight at the house to ensure there was always someone at the property. Some were there during the day to ensure the process went smoothly. 

Here are a few instructions I provided to my team before the eviction took place:

1. Do not speak poorly about the tenants by any means, in any language, especially when they are on-premise and might bring a video camera or hearing devices.
2. Do not let more than 2 people designated by the tenants into the premises at one time. The 2 people can be tenants and/or their designated movers. We will let you know who they are before they arrive. Anyone else is NOT allowed into the house.
3. Do not let anyone in without confirmation of who they are. This is to prevent tenants from bringing in people who will disturb the peace. When a contractor or another hired-services personnel arrives, please notify us.
4. Do not let tenants pass the time allotted each day. 

Documenting everything

I had cameras recording everything that happened in all corners of my property for the 72 hour period. I had my team who were witnesses to the process.

On top of that, I ensured I documented everything that happened, including communication with my tenants. Here’s how I did this:

1. I avoided phone calls. All communication was managed by email or text to ensure there was a record of everything that was agreed upon.
2. Where there was a phone call, I summarized the contents in an email or text message

Concluding thoughts

Evicting a tenant is never an easy task, and Ontario landlords must adhere to a strict set of rules to ensure the process is legal and smooth. Understanding your rights and obligations as a landlord during an eviction — especially the critical 72-hour period for tenants to collect their belongings — is crucial. 

While it's important to follow the law, it’s equally essential to protect your property and yourself from potential risks. Proper documentation, surveillance, and security measures can help you navigate this difficult situation successfully.

To learn more about the process leading up to my eviction, read The Landlords Guide: When Tenants Are Not Paying Rent in Ontario and A Landlord's Guide to the LTB's N4 - Notice to End a Tenancy Early for Non-payment of Rent. 

If your tenants have been evicted but they still owe you rent, read Debt Recovery: How to enforce an LTB order in Small Claims Court and the Landlord’s Guide to Skip Tracing and Examination Hearing in Ontario.

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