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