Just found out Superior Court ordered eviction (Writ of Possession) with 30-day stay. What are my options?
There has been an ongoing mortgage issue between our landlord and their bank for more than a year now. We just received an Issued Judgment from the Superior Court of Justice regarding the house we rent. The court has ordered that any tenancy agreements are set aside and a Writ of Possession has been issued to the Sheriff with a 30-day stay.
Here is our situation:
We have been renting and living in this full house since September 2021.
We have extensive proof of a legitimate tenancy, including all utility bills and a perfect history of e-transferring our rent on time.
This mortgage issue between the landlord and the bank has been ongoing for more than a year.
During the process, the landlord asked us for documentation to prove our tenancy to the court, and we provided him with all of our proofs.
We already paid our June rent to the landlord, and he is also still holding our last month's rent deposit. Since the court order was issued in late May, we just realized he took our June rent completely unlawfully.
Despite all of this, the court has now issued this 30-day eviction order.
We know that under the regular Residential Tenancies Act (RTA), a lease normally transfers to a new owner or lender. However, because this order came from the Superior Court under the Mortgages Act and explicitly "set aside" the tenancy, it seems the normal Landlord and Tenant Board (LTB) protections are being bypassed.
What are our actual rights here? Can we fight this or request an extension from the court to get our money's worth and find a place, based on the fact that we are long-term, legitimate tenants who have all our proofs? Or does a Superior Court order override everything, meaning we just need to pack and move before the 30 days are up?