How to Evict during Ontario’s Stay-At-Home Order

Residential evictions are resuming across most of Ontario this week and with them comes a wave of uncertainty for Property Managers. The experts at Frank Feldman Law are here to help you navigate Evictions in 2021. Check our guide for everything you need to know about evictions in Ontario right now.

Regions with a Stay-At-Home Order (Peel, Toronto, North Bay Parry Sound District)

In regions still subject to the Ontario’s Stay-At-Home order, the Ontario government has indicated that the moratorium on residential evictions will stay in place. At this time, the Landlord and Tenant Board (LTB) is continuing to accept applications, hold hearings and issue eviction orders across Ontario. However, in Public Health Regions where the Stay-At-Home Order is still in effect the Sheriff cannot enforce any LTB eviction order unless the order specifically instructs the Sheriff to expedite the eviction.

In accordance with Section 84 of The Residential Tenancies Act, the LTB must ask the Sheriff to expedite the eviction if the tenant is being evicted because they:

  • willfully damaged the rental unit
  • used the unit in a way which is inconsistent with residential use and caused, or is likely to cause, significant damage
  • committed an illegal act in the unit involving the production or trafficking of illegal drugs
  • seriously impaired someone’s safety
  • substantially interfered with the Landlord’s reasonable enjoyment – in cases where the Landlord and Tenant live in the same building and the building has 3 or fewer residential units

If the LTB issued an eviction order prior to January 14, 2021, the date when the latest moratorium went into effect, which has not been enforced, the Landlord is able to request an expedited enforcement from the Sheriff if the requirements of section 84 are satisfied.

Regions no longer under the Stay-At-Home Order

As Public Health Regions transition out of the Stay-At-Home Order across Ontario, the moratorium on residential evictions will be lifted. The Sheriff can enforce all eviction orders at such time in these regions.

The LTB is continuing to accept applications, hold hearings and issue evictions orders across Ontario, although enforcement is subject to the above.

Call today to learn more (647) 347-9573, ext. 1.

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