What happens in the event of an apartment eviction?

Moving out of your apartment is usually a cause for celebration. So what happens if your “fresh start” isn’t happening by choice, but instead by eviction? In Ontario, you can be evicted for non-payment of rent or regularly making late rent payments; disturbing your neighbours; causing excessive damage to the unit or building; committing illegal acts; exceeding the number of allowable tenants; or lying about your income at the time of application.

Your landlord may also evict you if they intend to demolish or renovate the property to an extent that requires you to vacate; rent the unit to a member of their immediate family (or that person’s caregiver); or no longer rent it as housing. If your building comprises three or fewer residential units, and your landlord sells it to someone who asks you to vacate, you may also be evicted, but only after the end of your lease period.

If you’re in any of these circumstances, here’s how the process works. Your landlord must first send you a Notice of Termination of your lease, outlining the specific reason(s) you are being asked to move. If the stated reason is something you can fix, like non-payment of rent, the notice will outline a specific timeline to correct the situation. If you are unable to address the wrong and will not agree to move, your landlord must apply to the Landlord and Tenant Board for an eviction hearing, which you should definitely attend. But you can’t be forced to move until it happens.

Should the Board rule against you, an official Eviction Order will be issued. You’ll want to make arrangements to find another place to stay quickly, even if it’s only temporary. Eviction orders are legally binding to all parties. Once an order has been issued against you, if you won’t leave voluntarily, your landlord must take that document to the Superior Court of Justice Enforcement (Sheriff’s Office) to schedule an eviction. The Sheriff then sends out a Notice to Vacate, instructing you to leave the rental unit on or by a specific date.

If you’re not insane, aim to be gone when they come knocking. Hunkering down behind boxes, screaming “You can’t do this to me!” like one notorious Toronto tenant, probably isn’t going to satisfy the law. Nor will it impress your landlord, who must accompany the Sheriff to the eviction. But if you do decide to stage a “Hell no, I won’t go” protest, here’s what you can expect:

The Sheriff will knock on the door, announcing who they are, and ask you to leave. Even if you don’t answer, your landlord will gain entry, as you no longer have any legal right to occupy. Don’t bother with the deadbolt and chain, either: locks must be changed in the presence of the Sheriff, so there’s usually a locksmith on hand. While it’s incredibly rare for a tenant to not leave peacefully, in such instances police will be called to remove you from the property.

Once the lock is changed, if you haven’t got all your stuff out yet, you have 72 hours to do so. Your landlord has to make the unit accessible to you from 8 am to 8 pm for the next three days, so that you can retrieve your belongings. Beyond that point, anything that remains in the unit or building becomes your landlord’s legal property, and they can do whatever they wish with it. So if you’re facing a similar situation, you’ll want to be more than ready to go by the time the law arrives.

Top Image: “Eviction Notice” by Aazam Yaqoob is licensed under CC BY 2.0