Though both involve dispelling someone from a property, both of these circumstances differ significantly from each other. Tenants and property owners need to learn these distinctions before they can take responsibility for settling their disputes. There are many common questions surrounding the two terms. For instance, when does each apply? What happens after enforcement? Whether you are initiating or facing this situation in Ontario, this article will analyze these legal processes and fill the gaps in your knowledge.
A Writ of Possession is very easy to explain. It’s one of the many documents involved in the Power of Sale process, issued by the courts after the lender has obtained judgment on their Statement of Claim. The Writ of Possession is sent to all involved parties, including lenders, occupants, owners, and the sheriff’s office. Once the sheriff’s office receives the Writ, they schedule eviction of occupants, handing property control to the lender. The document, titled ‘Writ of Possession,’ clearly grants the lender authority to take possession of the property. If the tenant fails to comply with the writ by that time frame, it can result in the tenant’s physical removal from the home.
For a tenant to be removed from a property, the landlord must officially evict a tenant first. Ontarian evictions are operated by the Residential Tenancies Act (RTA) and supervised by the Landlord and Tenant Board (LTB).
The tenant must receive a formal notice indicating that the rental agreement is terminated. Homeowners cannot eject someone without a reason, which must also be enclosed in the eviction. These reasons can involve failing to pay the rent or the tenant damaging the property.
When the tenant receives the notice and refuses or fails to leave, the landlord can apply the LTB for an eviction order. It specifically catered to rental agreements, making eviction notices separate from a Writ of Possession. Eviction orders involve the sheriff’s office to ensure complete compliance with the law.
The property owner (typically a lender or a bank) must go through the legal channels to foreclose on a property. Before the Writ of Possession can be applied and occupants removed from the residence, the court must first side with the lender.
The writ can also apply to commercial lease disputes or situations where squatters unlawfully occupy a property. The Writ of Possession isn’t like eviction, tied to rental agreements. It encompasses broad legal disputes about property and its ownership.
Even though both affairs aim to remove an occupant from a property, there are significant legal differences. A Writ of Possession solves discourse involving ownership. Meanwhile, an eviction specializes in resolving disputes between occupants and their landlords.
The processes also differ in their governing bodies and procedures. The LTB regulates evictions in Ontario under the RTA. They take great care in ensuring that occupants are protected legally and are given a fair chance to counter an eviction. A Writ of Possession, however, does not provide the same protections, as it often involves homeowners or individuals without a formal rental agreement.
Tenants are provided a reasonable timeline to leave the property before the sheriff intervenes. Physical force is permitted to remove them if the tenant refuses to leave. The locks might also be switched to prevent an invasion.
Even if the enforced Writ of Possession can end a lengthy legal process, property owners can still suffer through remaining challenges. These can involve repairing or cleaning the property after the tenants are removed. In some cases, tenants will abandon personal items, and the property owner must handle them according to local rules. This final step requires careful planning to ensure compliance with legal and ethical obligations.
Property owners can save time and money by avoiding the need for an eviction or a Writ of Possession. One way to do this is by peacefully communicating with occupants and solving disputes. Landlords should also aim to give payment plans or alternative solutions to prevent evictions and preserve tenant relationships.
Property owners should seek professional help from financial advisors and legal experts. This can help pinpoint an amicable solution to avoid legal ramifications. Proactively solving the issues before they become a more significant problem, property owners can have less disruption while protecting their investments.
Before navigating property disputes, you need to understand the rights of both a property owner and a homeowner. Writ of Possession and eviction both involve removing an occupant. However, their applications and implications are significantly different. You will be able to approach these scenarios with confidence by learning these distinctions and collaborating with experts.
A broad understanding of the legalities can prevent a dispute from escalating to eviction. Knowing your options is the path to resolution, whether you are a property owner or an occupant. If you have any questions or need help regarding this topic, please don’t hesitate to contact us. We can be reached by phone at 416 499 2122 or by email at jonathan@mortgagebrokerstore.com.
jonathan April 11th, 2025
blog, Power of Sale, Writ of Possession
