What happens when a tenant stays after an LTB eviction order?

The Landlord and Tenant Board (LTB) has issued an eviction order. The date in the order has passed, and the tenant is still in the unit or refuses to leave. The landlord wants to know what they are allowed to do next. The tenant wants to know what happens now, and whether anything can still be done.

This guide explains, for both sides, who enforces the order, why a landlord cannot carry it out, the options that may exist for a tenant, and what happens to belongings. It is general information, not advice about any particular case.

A few terms first

• Eviction order: a written LTB order that ends a tenancy, evicts the tenant and states the date by which the tenant must move out.
• Sheriff (Court Enforcement Office): the office that enforces LTB eviction orders.
• Set aside: to cancel an order so that it no longer has effect.
• Review: a request asking the LTB to look again at its own order, on limited grounds.
• Stay: a pause on an order. A stayed eviction order cannot be enforced.

The eviction order and the date in it

An eviction order usually follows a notice of termination, a landlord's application and a hearing, which our general guide to what happens at an Ontario LTB hearing explains.

Under section 37 of the Residential Tenancies Act, 2006 (RTA), a tenancy may be terminated only in accordance with the Act. Section 39 says a landlord shall not recover possession unless the tenant has vacated or abandoned the unit, or an LTB eviction order has authorized it.

For an order about unpaid rent, the LTB's Interpretation Guideline 11, Rent Arrears, says an order is enforceable on the date the order specifies that the Court Enforcement Office (Sheriff) may give possession to the landlord. The order itself sets that date, so it is the document to read first.

Key date: section 81 of the RTA says an eviction order expires six months after the day it takes effect if it is not filed within those six months with the sheriff who has territorial jurisdiction where the rental unit is located.

Only the Sheriff enforces the order

An eviction order does not remove anyone by itself. Section 85 of the RTA says it has the same effect, and is enforced in the same manner, as a writ of possession.

The LTB's brochure If You are Locked out of Your Unit, updated September 21, 2026, puts it plainly: "The sheriff is the only person who is allowed to enforce the LTB order and make you move out." If a tenant does not leave, it explains, the landlord can go to the sheriff to have the tenant removed and the locks changed.

So the landlord's route is to file the order with the Court Enforcement Office where the unit is located. The same brochure points people to the Ministry of the Attorney General's court locations finder, choosing "Enforcement" as the court office.

How long does the Sheriff take to enforce an eviction in Ontario?

The RTA and the LTB materials we reviewed set no fixed time, so we do not quote one. Under section 84, for certain grounds, including some illegal-act, damage and safety cases, the LTB must ask the sheriff to expedite enforcement.

A landlord cannot carry out the eviction

Because the Sheriff is the only one allowed to enforce the order, a landlord, property manager, private bailiff or security guard cannot carry it out, and police are not the enforcement route either.

Can a landlord change the locks after an LTB order? Not on their own. Section 24 of the RTA bars a landlord from altering the locks on a rental unit during the tenant's occupancy without giving the tenant replacement keys. The LTB's brochure treats a landlord changing the locks outside the Sheriff's process as an illegal lockout, and notes that a notice of termination is not an eviction order.

For a tenant locked out without the Sheriff, the same brochure says to call the police if immediate help is needed. A tenant can also file an Application about Tenant Rights (Form T2) asking the LTB to let them back in. It stresses acting quickly: once another tenant moves in, the LTB cannot order the landlord to let the tenant back in.

For landlords, section 86 of the RTA entitles a landlord to compensation for the use and occupation of a unit by a tenant who stays after the tenancy is terminated. An order for unpaid rent must state the daily amount of compensation payable under section 86 (section 74(3)(a)(ii)).

What if the tenant pays money after the order?

Landlords often ask whether accepting money from a tenant who has stayed past the order date cancels the eviction. Section 45 of the RTA answers the general question: unless the landlord and tenant agree otherwise, a landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy by accepting arrears of rent or compensation for the use or occupation of the unit after the Board makes an eviction order or an order terminating the tenancy.

That rule is about what accepting money does not do on its own. It does not displace the specific payment routes for arrears orders described below, where paying the amounts set out in section 74 before enforcement can void the order. The two ideas fit together: a payment is not, by itself, a new tenancy, but an arrears order can be voided if the statutory amounts are paid in time. If you are a landlord and do intend to continue the tenancy on new terms, the safest course is to put that agreement in writing, because section 45 turns on whether the parties agreed otherwise.

Options a tenant may still have

Which procedure, if any, still applies depends on the type of order and its dates.

Orders for unpaid rent: paying before the order is enforced

Under section 74(4) of the RTA, an eviction order for arrears of rent is void if the tenant pays before it becomes enforceable. The payment goes to the landlord or the LTB and must cover the amounts listed there, including the arrears, any additional rent that would have been due and the costs ordered.

After the order becomes enforceable but before the Sheriff enforces it, section 74(11) allows a tenant to bring a motion to set aside the order. The tenant must pay the required amounts to the landlord or the LTB and file an affidavit stating that the total paid covers them. Our article on the September 2026 changes to rent arrears matters covers the earlier stages of an arrears file.

• The LTB must refuse the motion for filing if the section's requirements are not met (section 74(11.1)).
• It can be made only once during the tenancy agreement with that landlord (section 74(12)).
• Once it is accepted for filing, the eviction order is stayed (section 74(13)).
• After a hearing, the LTB either declares the order void or lifts the stay (section 74(14)).
• If the landlord has paid a non-refundable enforcement amount, the tenant must pay it into the LTB by the date the LTB sets for the voiding to take effect (sections 74(15) to 74(17)).

Rule 25.1 of the LTB Rules of Procedure says the party who files a set aside motion must immediately take a copy of the motion, the Notice of Hearing and the stay to the Court Enforcement Office. Rule 25.2 requires the same of a tenant once the LTB confirms an eviction order is void.

Orders made without a hearing

Some eviction orders are issued without a hearing, based on an agreement to end the tenancy or the tenant's own notice. Under section 77(6) and (7), the tenant may move to set aside that order within 10 days after it is issued, and the order is stayed once the motion is received.

After a hearing, section 77(8) requires the LTB to set the order aside if there was in fact no agreement and no notice from the tenant. If there was one, since September 21, 2026 the order is set aside only if the LTB is satisfied that doing so would not be unfair, under section 8.2 of O. Reg. 516/06. That decision ignores changes in the tenant's circumstances after the agreement or notice. Otherwise, the LTB lifts the stay.

Requesting a review of the order

Either party may ask the LTB to review a final order, but only on limited grounds. According to the LTB's Interpretation Guideline 8, Review of an Order, the grounds are that the requestor was not reasonably able to participate in the proceeding, or that the order is the result of a serious error. A third ground is new evidence that could not have been obtained before the decision was made and would likely have affected the result (Rule 26.8).

Key date: under section 209(3) of the RTA and Rule 26.5, a request to review an order issued on or after July 1, 2026 must be made within 15 days of the order being issued. For orders issued before July 1, 2026, Rule 26.4 allows 30 days. A late request must also include a request to extend time with reasons for the delay (Rule 26.6). The shorter review period came from the reforms described in our overview of Bill 60.

How a stay works on a review

Unlike a section 74(11) motion, a request to review does not automatically stay the order. Guideline 8 explains that the reviewing adjudicator decides whether to stay it, and that the LTB will do so when a party would suffer harm that cannot be undone if the order were enforced before the review is completed. A stay may come with conditions.

If a stay is granted, Rule 25.3 requires the party who asked for it to take a copy to the Court Enforcement Office immediately. Guideline 8 adds that LTB staff may also notify the Sheriff directly when enforcement is close.

What happens to belongings after the Sheriff enforces the order

Section 41 of the RTA sets the rule for an evicted tenant's property:

• The landlord shall not sell, keep or otherwise dispose of the tenant's property before 72 hours have passed after the eviction order is enforced (section 41(2)).
• During those 72 hours, the landlord must make the property available to be retrieved at a location close to the rental unit (section 41(3)), between 8 a.m. and 8 p.m. under section 46 of O. Reg. 516/06.
• The landlord and tenant may agree to other terms for dealing with the property (section 41(5)).
• If a former tenant applies and the LTB finds these duties were breached, it may order the property returned or the reasonable costs of repair or replacement paid (section 41(6)).

A short checklist for each side

For landlords:

• Read the order for the date it says the Court Enforcement Office may give possession.
• File the order with the Court Enforcement Office where the unit is located, well within the six months in section 81.
• Do not change the locks, remove belongings or ask anyone other than the Sheriff to remove the tenant.
• Keep records of any money received after the order, and put any agreement to continue the tenancy in writing.
• After enforcement, make the tenant's property available for 72 hours, between 8 a.m. and 8 p.m., at a location close to the unit.

For tenants:

• Read the order and note its dates. The 10-day limit to set aside an order made without a hearing and the 15-day limit to request a review both run from the date the order is issued, not from when the Sheriff arrives.
• For an arrears order, check whether paying the amounts in section 74 is still possible before enforcement.
• If you intend to ask for a review, check the 15-day deadline and ask for a stay if enforcement is close.
• If you are locked out without the Sheriff, the LTB brochure says to call the police if you need immediate help and to act quickly on a T2 application.
• If enforcement happens, retrieve your belongings within the 72 hours.

In summary

When a tenant stays after the date in an LTB eviction order, the Sheriff enforces it once the landlord files it with the Court Enforcement Office. A landlord cannot change the locks or remove the tenant on their own. Depending on the order, a set-aside motion or a review request may be available, each with its own conditions and dates, and only some stay enforcement automatically. Belongings are protected for 72 hours after enforcement.

Help with an eviction order

AI Paralegal Services is a licensed paralegal practice led by Lisa Duchene, a Class P1 paralegal licensed by the Law Society of Ontario. We provide LTB representation services for landlords and tenants across Ontario.

If an LTB eviction order has been issued in your matter, whether you are the landlord or the tenant, AI Paralegal Services can review the order and its dates with you and explain the options that may apply. Contact us to arrange a consultation.

This article is general information about Ontario Landlord and Tenant Board procedure as of October 2026. It is not legal advice about your situation, and reading it does not create a paralegal-client relationship. Rules and procedures change, so check the current official sources, and speak with a licensed legal professional about your own matter.