A Writ of Possession is the Ontario court order, issued under Rule 60.10, that lets the Sheriff physically remove occupants and legally return possession to a landlord or lender. It is the final enforcement tool in the Writ of Possession Ontario process, used when an occupant refuses to leave after an eviction order or judgment.

If a tenant has ignored an eviction order, or a defaulting borrower still occupies a property you need back, every week of delay costs you money. At Maximum Property Solutions, we work with landlords, lenders, and financial institutions across Windsor-Essex. Understanding the Writ of Possession Ontario process is the first step toward getting your property back.

What Is a Writ of Possession in Ontario?

A Writ of Possession, issued as Form 60C under Rule 60.10, tells the Sheriff to enter a property and hand it to the party named in the court order. Only the Sheriff can enforce one.

Form 60C tells the Sheriff to take possession of the property “without delay” and deliver it to the party who obtained the order. One safeguard applies. In accordance with the Rules of Civil Procedure, a court may grant leave to issue a writ only where satisfied that all persons in actual possession of any part of the land received sufficient notice of the proceeding in which the order was obtained. In short, everyone living there must get a fair chance to respond first.

Because a writ ends in a physical eviction, only the Court Enforcement Office (the Sheriff’s office) can remove occupants, no matter how strong the property owner’s right is.

How Do Landlords Obtain a Writ of Possession?

Landlords must first obtain an eviction order from the Landlord and Tenant Board, then file it with the Court Enforcement Office if the tenant stays. The order carries the same legal force as a Writ of Possession.

For residential properties, the Residential Tenancies Act (RTA) sets out this path. Section 85 gives a Board order the same effect as a Writ of Possession. The landlord serves the tenant formal notice of termination, applies to the Landlord and Tenant Board (LTB), and receives an order with a vacate date. If the tenant refuses to leave the property, the order must be filed with the local Sheriff, with the enforcement fee.

Timing matters. Under section 81 of the RTA, an LTB eviction order expires six months after taking effect if not filed with the Sheriff. Delay too long and you start over.

Why Self-Help Evictions Are Illegal

Changing locks, removing doors, shutting off utilities, or forcing a tenant out without the Sheriff is an offence under the Residential Tenancies Act, exposing landlords to substantial fines and damage awards.

A self-help eviction is any attempt to take back possession outside the legal process. It can leave you owing compensation without gaining possession. Whatever rent is owed, the only lawful route runs through the LTB and the Sheriff. Prohibited actions include:

• Changing or adding locks to bar the tenant from the unit
• Removing doors, windows, or the tenant’s belongings
• Cutting off heat, hydro, water, or other vital services
• Threatening, harassing, or physically forcing the tenant to leave

For landlords who would rather not navigate terminations and filings alone, our full-service rental management in Ontario keeps every step compliant and on schedule.

How Do Lenders Use a Writ of Possession in Power of Sale or Foreclosure?

Lenders obtain a Writ of Possession through the Superior Court of Justice. After a Notice of Sale and the 35-day redemption period, the lender files a Statement of Claim, obtains judgment, and requests leave to issue the writ.

When a borrower (the mortgagor) has fallen behind on mortgage payments, lenders typically proceed under power of sale. This remedy lets the lender sell the property without taking ownership. The power of sale process can begin once default under the mortgage agreement has lasted 15 days, when a Notice of Sale may be served. Homeowners need not panic yet. The notice provides at least 35 days to redeem, which means bring the mortgage back into good standing or pay it out.

If the borrower neither redeems nor vacates, the lender starts a court proceeding by filing a Statement of Claim. A homeowner may file a Statement of Defence and apply to the court to assert their rights and options. If none is filed, the lender can obtain default judgment. If a defence raises no genuine issue, summary judgment follows. Once this procedural step clears, the lender obtains leave to issue a Writ of Possession, gets Form 60C from the Registrar, and files it.

The same mechanism applies in foreclosure, where the lender takes title instead. In both remedies, vacant possession is what makes the property sellable. Once the property is sold, proceeds go against the mortgage debt.

What If the Mortgaged Property Has Tenants?

Lenders taking possession of a tenanted property are bound by the RTA. Legitimate tenants cannot be removed through the mortgage action alone. The lender must follow the same LTB eviction procedures as any landlord.

This catches many private lenders off guard. An existing lease survives the borrower’s default, and the lender steps into the landlord’s shoes. Before acting, verify who is a genuine tenant and who is tied to the owner to ensure compliance and set the right strategy. Our mortgage enforcement services in Ontario help lenders sort legitimate tenancies from owner-linked occupants before possession changes hands.

Key Steps to Secure and Enforce a Writ of Possession

Securing and enforcing a writ takes three steps: obtain the order or judgment, have the writ issued by the Registrar, and file it with the Sheriff for enforcement.

1. Obtain the judgment or order. Landlords secure an LTB eviction order. Lenders secure a Superior Court judgment and leave to issue the writ.
2. Have the writ issued. The Registrar issues the Writ of Possession (Form 60C) naming the property and the party entitled to it.
3. File with the Sheriff. Deliver the writ to the Court Enforcement Office where the property sits and pay the fee. The eviction is then scheduled.

Once issued, the writ stays in force for one year and can be renewed before it expires. Sheriff evictions in Ontario run on weekdays. Wait times depend on the local office’s backlog.

What Happens on Eviction Day?

On the scheduled date, the Sheriff attends, removes the occupants, and hands possession to the landlord or lender. Evicted residential tenants then have 72 hours to retrieve their belongings.

Arrange these in advance:

• A locksmith to change the locks the moment possession transfers
• A representative to meet the Sheriff and document the condition
• Storage of the tenant’s belongings at or near the rental unit, available from 8 a.m. to 8 p.m. for the 72-hour retrieval period required by the RTA

Dispose of belongings too early and you risk Rental Housing Enforcement Unit complaints and compensation orders. Once the window closes, the property can be secured, cleaned out, and prepared for re-rental or sale in compliance with the law. Turning a vacant unit back into a performing asset is exactly where our distressed and estate property management services take over.

Frequently Asked Questions

How long does it take to get a Writ of Possession in Ontario?

For landlords, the timeline depends on LTB hearing wait times plus Sheriff scheduling, often several months. For lenders, the court action takes a few months after the redemption period.

Who enforces a Writ of Possession in Ontario?

Only the Sheriff, through the Court Enforcement Office, can enforce a Writ of Possession. Landlords, lenders, property managers, and police alone cannot physically remove occupants.

Can a tenant stop a Writ of Possession?

A tenant may request a review or a stay of enforcement before the Sheriff attends. Once the writ is enforced and possession changes hands, reversal is extremely difficult.

How much does a sheriff eviction cost in Ontario?

Costs include LTB or court filing fees, the Sheriff’s enforcement fee of a few hundred dollars, mileage, and locksmith costs, plus legal fees for lenders.

What happens to a property after the writ is enforced?

The landlord or lender takes vacant possession and must secure, insure, and maintain it. Lenders under power of sale move fast to clean, repair, and list the property to maximize recovery.

Take Back Possession With Confidence

The Writ of Possession Ontario process takes patience and precision. From occupancy verification to lock changes, cleanouts, repairs, and security of the vacant property, Maximum Property Solutions helps landlords, private lenders, and financial institutions across Windsor-Essex protect their asset at every stage. Contact our team today for a consultation and start the conversation.

This article offers general information about the Writ of Possession Ontario process and is not legal advice. For guidance on your specific situation, consult a licensed paralegal or lawyer.