Expedited Enforcement (LTB)

O. Reg. 13/21: RESIDENTIAL EVICTIONS

1. (1) No person shall attend at a residential premises for the purpose of enforcing any of the following:

1. An order evicting a tenant under the Residential Tenancies Act, 2006.

2. A writ of possession issued by the Superior Court of Justice removing a person from their place of residence.

(2) Subsection (1) does not apply if,

(a) in respect of an order described in paragraph 1 of subsection (1), the Landlord and Tenant Board requests that the sheriff expedite the enforcement of the order; or

(b) in respect of a writ of possession described in paragraph 2 of subsection (1), a judge of the Superior Court of Justice orders that the sheriff expedite the enforcement of the writ.

Residential Tenancies Act, 2006, S.O. 2006, c. 17

61 (1) A landlord may give a tenant notice of termination of the tenancy if the tenant or another occupant of the rental unit commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the residential complex. 2006, c. 17, s. 61 (1).

(2) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than,

(a) the 10th day after the notice is given, in the case of a notice grounded on an illegal act, trade, business or occupation involving,

(i) the production of an illegal drug,

(ii) the trafficking in an illegal drug, or

(iii) the possession of an illegal drug for the purposes of trafficking; or

63 (1) Despite section 62, a landlord may give a tenant notice of termination of the tenancy that provides a termination date not earlier than the 10th day after the notice is given if the tenant, another occupant of the rental unit or a person whom the tenant permits in the residential complex,

(a) wilfully causes undue damage to the rental unit or the residential complex; or

(b) uses the rental unit or the residential complex in a manner that is inconsistent with use as residential premises and that causes or can reasonably be expected to cause damage that is significantly greater than the damage that is required in order to give a notice of termination under clause (a) or subsection 62 (1). 2006, c. 17, s. 63 (1).

65 (1) Despite section 64, a landlord who resides in a building containing not more than three residential units may give a tenant of a rental unit in the building notice of termination of the tenancy that provides a termination date not earlier than the 10th day after the notice is given if the conduct of the tenant, another occupant of the rental unit or a person permitted in the building by the tenant is such that it substantially interferes with the reasonable enjoyment of the building for all usual purposes by the landlord or substantially interferes with another lawful right, privilege or interest of the landlord. 2006, c. 17, s. 65 (1).

66 (1) A landlord may give a tenant notice of termination of the tenancy if,

(a) an act or omission of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant seriously impairs or has seriously impaired the safety of any person; and

(b) the act or omission occurs in the residential complex. 2006, c. 17, s. 66 (1).

83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,

(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

(b) order that the enforcement of the eviction order be postponed for a period of time. 2006, c. 17, s. 83 (1).

84 Subject to clause 83 (1) (b), the Board shall, in an order made under section 69 based on a notice given under subsection 61 (1) that involves an illegal act, trade, business or occupation described in clause 61 (2) (a) or based on a notice given under section 63, 65 or 66, request that the sheriff expedite the enforcement of the order. 2006, c. 17, s. 84.

TSL-61628-15 (Re), 2015 CanLII 36936 (ON LTB)

15. Based on the impact that the Tenant’s cigarette smoking is having on other tenants, the Landlord’s representative requested that I request, in this Order, that the Sheriff expedite the enforcement of this Order.

It is ordered that:

8. If, on or before May 12, 2015, the Tenant pays the amount of $5,070.00** to the Landlord or to the Board in trust, this order for eviction will be void. This means that the tenancy would not be terminated and the Tenant could remain in the unit. If this payment is not made in full and on time, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. The Sheriff is requested to expedite the enforcement of this order.

HOL-01640-17 (Re), 2017 CanLII 70503 (ON LTB)

1. The Landlord served the Tenant with an N6 and two N7 notices on July 12, 2017. The notices clearly identify that the Landlord is seeking the immediate termination of the tenancy because: (i) on July 5, 2017, the police searched the rental unit to uncover a “semi-automatic hand gun” and a “large quantity of cocaine and heroin”, which resulted in the Tenant being arrested; and (ii) the Tenant changed the locks to the main entry door.

8. HL also requested that due to prima facie illegal and serious nature of the Tenant’s actions, the Landlord is seeking that the Sheriff be requested to expedite the enforcement of an eviction order pursuant to section 84 of the Act.

It is ordered that:

6. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after August 22, 2017. The Sheriff is requested to expedite the enforcement of this order.

TEL-71918-16 (Re), 2016 CanLII 88401 (ON LTB)

1. The Landlord says that the Tenant is responsible for numerous acts of gratuitous graffiti in the elevators, stairwells and halls of the residential complex.

2. The Landlord and the Landlord’s witness testified that the graffiti included extremely foul language, swearing, racially discriminatory language, sexually harassing language, anti-police sentiments as well as death threats against 3 staff members and another tenant.

7. As a result of the video footage, the still photos as well as the testimony from the Landlord and the Landlord’s witness, I am satisfied on the balance of probabilities that the Tenant is responsible for the graffiti in and around the residential complex. The Tenant has committed wilful damage to the residential complex and has engaged in the illegal acts of vandalism, mischief and threatening.

20. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Pursuant to section 84 of the Act the Board shall request that the Sheriff expedite the enforcement of the order.

It is ordered that:

8. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after November 5, 2016. The Sheriff is requested to expedite the enforcement of this order.