Step 4: What if someone receives an Eviction Order?
An Eviction Order sets out the reasons for an eviction and will sometimes give your client information about things they might be able to do to stop the eviction from happening (depending on the type of Eviction Order issued, your client might be able to take steps to cancel or void it).
The most important information on the Eviction Order is the termination date. To figure out what the termination date is, look for the following words:
- “The tenancy between the landlord and the tenant is terminated”
- “The tenant(s) must move out of the rental unit on or before (date)”
The termination date on a “standard” Eviction Order is 11 days after the date the order is issued. This means that a landlord can file the Eviction Order with the Court Enforcement Office (also known as the Sherriff) after 11 days and schedule an eviction.
Note: Even if the landlord obtains an Eviction Order, they cannot change the locks. Only the Court Enforcement Office (or the Sheriff) can legally change the locks and they can only do this after an Eviction Order has been obtained and the landlord has filed that order with the Court Enforcement Office. The landlord can’t file this before the termination date on the Eviction Order.
How You Can Help:
- Step 1: If the Eviction Order has been issued because your client hasn’t paid their rent, help them figure out if they are in a position to pay the arrears, as well as any fees the landlord might have incurred during the eviction process (e.g., the $190 filing fee) and any outstanding rent that has come due. If your client wants to pay the arrears and preserve their tenancy, refer them for legal advice immediately as this process includes complicated paperwork.
- Step 2: For all other Eviction Orders, refer your client to a legal clinic immediately to see if there are any steps they can take to cancel it.
