Writ Possession Document Form Ontario

State:
Multi-State
Control #:
US-0781LTR
Format:
Word; 
Rich Text
Instant download

Description

The Writ Possession Document Form Ontario is a legal instrument used in eviction proceedings to grant possession of property to a landlord or property owner after a judgment in their favor. This form is essential for attorneys, partners, owners, associates, paralegals, and legal assistants involved in real estate law or landlord-tenant disputes. Key features of the form include fields for case-specific details, compliance with local court requirements, and instructions for filing with the appropriate court. Users must complete the form accurately, ensuring all relevant information is provided to avoid delays in the eviction process. The form may be submitted alongside a Final Judgment and often requires coordination with local law enforcement, such as the Sheriff. Proper filing entails submitting the original and copies of the writ, as well as including a return envelope for filed documents. This form is vital for those managing rental properties, enabling them to regain possession of their premises efficiently in compliance with legal standards.

How to fill out Sample Letter For Final Judgment - Writ Of Possession?

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FAQ

The Writ of Possession is, simply put, a request to a superior court judge to allow the lender to evict and take possession of a property. Once the judge has reviewed the Writ of Possession, they can grant Judgment for Possession which allows the lender to file an eviction request with the local sheriff office.

The most effective method to stop an eviction is to pay the mortgage lender off in full. Unfortunately, most people usually do not have the money to pay the amount in arrears. Property owners also have the option to file a Statement of Defence or a Motion to delay the eviction.

Only authorized Court Bailiffs have the authority to enforce a Writ of Possession. As the landlord, you are not legally able to remove your tenant or their belongings, or change the locks on the unit. Once the Writ of Possession is issued, a Court Bailiff will carry out the eviction.

The statutory requirement for a writ of possession is set out in Rule 60.10: (1) A writ of possession (Form 60C) may be issued only with leave of the court, obtained on motion without notice or at the time an order entitling a party to possession is made.

Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.

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Writ Possession Document Form Ontario