Know Your Rights As A Tenant In A Lockout

Know Your Rights As A Tenant In A Lockout

The rules concerning a property lockout are very different depending upon whether it is a residential or commercial property being locked out.

Residential Property Lockout

In most instances with a residential property, it is very likely that you are being locked out for failure to pay your rent. Your landlord must go through a legal process in order to have you removed from his or her property. It could take as much as six to eight months to have an eviction order processed and served. When the eviction papers have been authorized by the court you will be notified of the date and time that the eviction will take place. The landlord will usually have the Ontario Sheriff’s Department serve the eviction papers to you. At the time of eviction you are afforded a very narrow window of opportunity in order to gather your needed personal belongings to take with you. This would include any medications that you require in order to sustain life. When the Sheriff appears at your door to serve the eviction notice is really not the time to try and negotiate with the Sheriff or the landlord. The time for negotiation has already passed if it has gotten to the stage where the Sheriff is at your door. At this point, you really don’t have any choice but to peacefully vacate the premises. If you decide to cause any problems for the Sheriff then the Metro Toronto Police will be dispatched to deal with the situation. If you do not obey their order to leave the premises then it is likely that once they get the door open, you will be charged with numerous offences. The landlord is only required by law to give a tenant a 48 hour window in which to remove their property from the premises. This window of opportunity can happen at any time that is agreeable to both the landlord and the tenant.

Once the tenant has been removed the lockout order is posted at the main entrance.

Business Property Lockout

A business property lockout is much different than a residence lockout. In most instances it is very likely that rent has not been paid on the unit and the landlord has decided to take back his or her property. Unlike a residential lockout, there is no due course to follow through the court system. As a matter of fact, the courts do not get involved in a commercial property lockout. For a landlord, the only thing they need as backup is the documentation of a tenant’s nonpayment of rent. In the instance of a business lockout the Sheriff does not get involved and it is up to the landlord if he or she so desires, to hire a Bailiff to proceed with the eviction. It is unnecessary to hire a Bailiff at all and most landlords elect to hire a professional locksmith to open the door if there is no key and change all the locks or rekey them all. The landlord and the tenant can make arrangements as to when the tenant’s property will be removed from the premises.

Security Article Written by: Toronto Locksmith


This Article is Copyright and may not be re-published in whole or in part without express written consent.