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How long is an LTB Order valid for Eviction purposes?

Once you receive an Eviction Order from the Landlord and Tenant Board how long does the Order last?

Section 81 of the Residential Tenancies Act 2006 states that an Order is good for 6 months. This means that a landlord has 6 months from the date the Order is issued to enforce the Order with the Sheriff.

Expiry date of order

81 An order of the Board evicting a person from a rental unit expires six months after the day on which the order takes effect if it is not filed within those six months with the sheriff who has territorial jurisdiction where the rental unit is located. 2006, c. 17, s. 81.

Do you have to enforce right away? No, as stated above, the law permits the Landlord to enforce the Order within 6 months of issuance.

Why would a landlord not enforce the Order right away? In many cases, a landlord will want

to enforce their Order for Eviction almost immediately; however, in some instances, the Landlord may delay Evicting the Tenant.

For instance, a landlord may be working and commencing an N13 for renovations and significant repairs to the Residential Complex. If work is delayed and cannot commence for longer than anticipated. The Landlord may grant the Tenant an extension to stay a little while longer until work is ready to commence. As long as the Landlord has the Eviction Order, and is within their 6 months, the Landlord may choose to commence a Sheriff Eviction at a later date.

In another instance, the Sheriff is not free, and if a Tenant has provided a move out date within a few weeks, the Landlord may put off paying for the Sheriff to see if the Tenant voluntarily vacates within the time frame they stated. As long as the Tenant appears to be moving, and the Eviction Order is within 6 months, the landlord may make a financial decision to hold off on paying the sheriff fees to see if the Tenant will co-operate and move out on their own accord.

In any case, the landlord has 6 months from the date the Order is issued to enforce the Order through the Sheriff and evict the Tenant. The reasons for delaying the Eviction and postponing a call to the Sheriff is completely a personal preference based on the situation.

Now, what happens after 6 months? Well, unfortunately, if you didn’t enforce the Order before the Expiry date as set out in Section 81 of the Residential Tenancies Act 2006, the Order can no longer be enforced, and you must start a new Application and relitigate the matter.

Therefore, the landlord should always be diligent about the dates, and add it to their calendar to ensure that critical deadlines, like the expiry of the Order is not missed.

If you’re seeking to Evict a Tenant, and don’t already have an Eviction Order, contact Jordan Nieuwhof at 289-302-3210 for a consultation on how best to proceed to evict a problematic tenant.

Jordan Nieuwhof Landlord Legal & Paralegal

Tel. 289-302-3210


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