Enforcing a Landlord and Tenant Board Order Through the Courts

Enforcing a Landlord and Tenant Board Order Through the Courts

By Erika Knox

May 7, 2025

Landlords across Ontario are finding that obtaining an order from the Landlord and Tenant Board (LTB) is only part of the battle—getting paid is another. When a tenant fails to comply with a monetary order issued by the LTB, landlords must look to the courts for enforcement.

But as many are discovering, a tribunal order alone won’t cut it. Courts require specific documentation and procedure before enforcement tools—like wage garnishment or asset seizure—are available.

Start with Negotiation

Before rushing to the courts, landlords are encouraged to explore negotiation and voluntary payment options. A direct conversation or written proposal outlining repayment terms can sometimes result in a resolution without further legal action. Not only can this save time and money, but it may also preserve a working relationship or avoid escalating tensions.

Landlords may offer a payment plan or consider a mediation service. Even after an LTB order has been issued, some tenants may be willing to settle the debt if approached with a fair and structured plan. Keep records of all communications and attempts to negotiate, as these may later support enforcement actions if needed.

Tribunal Order? Here’s What You Need

To begin enforcement through the civil court system, landlords must compile an enforcement package which may include:

• Certified Copy of the LTB Order

• Affidavit for Enforcement Request

• Relevant Enforcement Form(s) 

Enforcement in Stages

Once the required documents are filed and accepted, the case is assigned a court file number, and the judgment can be treated like any Small Claims Court order.

Popular enforcement methods include:

• Garnishment: Seizing wages or funds in a bank account.

• Writs: Seizure and sale of personal or real property.

• Examination Hearings: Compelling the debtor to disclose financial details under oath.

Each method has its own procedures and service requirements. Landlords are always encouraged to follow proper service protocols—including personal service—and filing Affidavits of Service to prove compliance.

What if You Don’t Know the Debtor’s Location or Employer?

In some cases, landlords may not have up-to-date information about the tenant’s whereabouts or place of employment. Here are steps to consider:

• Use Tracing Services: Licensed private investigators or process servers can sometimes locate a debtor using public records, social media, or credit header data.

• Motion for Substituted Service: If the debtor cannot be located after diligent efforts, one may file a motion requesting the court allow an alternative method of service (e.g., by mail or email).

Taking these steps can help to ensure you’ve demonstrated reasonable efforts to locate and serve the debtor, which is often necessary before the court will allow enforcement to proceed.

Practical Tips for Landlords

• Act Fast: Orders are enforceable for six years, but delays can hinder collection.

• Track All Costs: Filing and enforcement fees may be recoverable.

• Don’t Forget Interest: Interest may be added to the principal amount owed.

• Be Strategic: Choose enforcement tools that match the tenant’s financial profile.

A System That Requires Persistence

Though the process can seem cumbersome, successfully enforcing an LTB order is possible with the right steps and documents. Many landlords find value in seeking assistance from licensed paralegals for efficiency and to improve outcomes.  

Key Takeaway

A tribunal ruling is only as good as the enforcement that follows. For landlords seeking justice, understanding how to navigate the post-order process can make all the difference.

Feel free to reach me at erika@ajmurraylaw.ca  or 437-524-4330.