What if my landlord won’t let me get my stuff after I was evicted?
Important COVID-19 updates
Time limits: When figuring out the deadline to take a legal step, the time between March 16 and September 14, 2020 does not count. This is because of an emergency that stopped all time limits to start a case during that time. Find out how this could affect you.
Landlord and Tenant Board: The LTB is holding most hearings remotely, by phone, video, or in writing. Some people have had trouble connecting to remote hearings. If you have a video hearing scheduled, download Microsoft Teams ahead of time and make sure your setup is working.
There have also been reports that it can take a long time to get through to the LTB by phone. If you need help right away, contact a lawyer or your local community legal clinic.
If your landlord got an eviction order from the , your landlord can get the Sheriff to physically evict you and change the lock.
If you are evicted by the , the landlord must give you at least 72 hours (3 full days) to take your belongings. For example, if the Sheriff comes on Tuesday at 11:30 a.m., the landlord must keep your things safe in or near your place until 11:30 a.m. on Friday.
During those 72 hours, your landlord must let you get your belongings any time between 8 a.m. and 8 p.m.
If you think you will need extra time to move all your things out, ask your landlord to agree to some other arrangement. Be sure to get that agreement in writing.
There are different rules if you leave behind a mobile home.
Before you apply to the Board
If the Sheriff changed your locks but your landlord did not give you 72 hours to get your belongings, you can try to solve the problem by contacting your landlord. If that doesn’t work, you can call the Ontario government’s Rental Housing Enforcement Unit (RHEU) at 1-888-772-9277 (toll-free) or 416-585-7214.
If the RHEU thinks that your landlord may not be following the law, they may contact your landlord to discuss it. Sometimes, this can solve the problem. In serious cases, the RHEU may decide to lay charges against your landlord.
Or you can call the police non-emergency number. But often police officers will not get involved in this kind of situation.
Getting a lawyer, community legal clinic, or student legal aid society to contact your landlord might also solve the problem.
If those things don’t work, you can apply to the Board using the Board Form T2.
The Board can order your landlord to give you back your belongings.
The Board can also order your landlord to pay you compensation for any losses or harm caused by their actions.
The Board also has other powers. Get legal advice to make sure you ask for everything you might be entitled to in your case.
You must follow the right steps to get the Board to hear your case. And you will have to show evidence to the Board to prove that there is a problem.
Time limit
It is best to apply to the Board within one year from the day the 72-hour period ended. The Board can only deal with problems going back one year before you applied.
If you want to get your things back, you should apply as soon as possible.
