Eviction Judgments and Wage Garnishment in Ontario

If you face an eviction judgment in Ontario, you may also be worried about wage garnishment and how a court order could affect your income. This guide explains in plain language what an eviction judgment is, when a landlord can ask a court or the Landlord and Tenant Board to collect unpaid rent or damages, and how wage garnishment works under provincial law. You will find practical steps to respond, the official forms tenants commonly encounter, and tips for documenting payments and communicating with your employer and landlord. The information is aimed at renters and tenants who need clear, accessible advice on protecting income, asserting rights, and finding help from government and community resources in Ontario.

What an eviction judgment means

An eviction judgment is a formal decision that finds a tenant owes rent or must vacate a unit. In Ontario the Landlord and Tenant Board handles many eviction matters and issues orders that a landlord can try to enforce in court or through an enforcement office ^[1]. The Residential Tenancies Act, 2006 sets out the rules about when orders can be made and what remedies landlords may seek, including money for unpaid rent or damages ^[2].

How wage garnishment works in Ontario

After a landlord obtains a money judgment, they can move to enforce it. Enforcement often involves the court system or sheriff's office and can include garnishing wages or seizing assets. Employers receive a garnishment or enforcement notice and may be required to deduct portions of paycheques to satisfy the judgment. Tenants have legal limits and procedures that protect some of their income and provide opportunities to challenge or arrange alternatives.

Steps tenants can take right away

• Read the judgment carefully and note any deadlines, payment amounts, and the enforcing authority.
• Gather evidence: rent receipts, bank records, payment histories and any written communications with your landlord.
• Contact a legal clinic, tenant advocacy group, or Legal Aid to get advice about options like setting aside the judgment or negotiating a repayment plan.
• Try to negotiate a repayment plan in writing if you can afford periodic payments; get any agreement signed and keep copies.
• File the correct application or form if you believe the eviction order was wrong or you have grounds to vary it; many tenant remedies start with a formal application to the tribunal or court.

Official forms tenants commonly see

Below are the forms tenants may encounter. Always use the official versions from the Landlord and Tenant Board or court website and keep copies for your records ^[3].

• Application to End a Tenancy and Evict a Tenant (Form L1): used when a landlord applies for eviction for non-payment of rent. Example: if you missed rent for three months and the landlord files for an order to evict and collect arrears, the landlord will usually start with Form L1 and the tenant will receive notice to respond.
• Application to End a Tenancy and Evict a Tenant for Reasons Other Than Non-Payment (Form L2): used where the landlord seeks eviction for other grounds, such as substantial damage or illegal activity. Example: if a landlord claims serious damage, they may file L2 and the tenant can prepare a response providing evidence or mitigation.

Key actions if your wages are being garnished

1. Confirm you received a valid garnishment/order and note the effective date and employer instruction.
2. Collect pay stubs and bank statements to show your income and any exempt amounts (for example support payments may have protections).
3. Contact your employer's payroll department to request details in writing about the garnishment and how long deductions will continue.
4. Negotiate with the judgment creditor or their representative for a payment arrangement that reduces the impact on essential living expenses.
5. Ask your legal advisor about filing an objection or motion at the enforcing court if the garnishment is incorrect or you are eligible for relief.

FAQ

Can a landlord in Ontario garnish my wages directly?

No. A landlord must first obtain a monetary judgment and then use court enforcement processes to garnish wages; employers act on court or enforcement office orders, not on a landlord's informal request.

What if I cannot afford the garnished amount?

Bring evidence of your income and essential expenses and seek legal help quickly; you may be able to negotiate a repayment plan, ask the court to reduce or suspend garnishment, or apply for another remedy.

Where do I find official forms to respond?

Use the Landlord and Tenant Board forms or the court's enforcement forms; do not rely on third-party templates when responding to a legal order.

How-To

1. Read the judgment or garnishment notice and write down dates and amounts you are required to pay.
2. Gather evidence such as rent receipts, bank statements, and correspondence with your landlord to support your position.
3. Contact a legal clinic, tenant duty counsel, or Legal Aid Ontario to get advice tailored to your situation.
4. Attempt to negotiate a repayment plan in writing that leaves you enough for basic living expenses.
5. File any required application or response with the Landlord and Tenant Board or court before deadlines expire.

Help and Support / Resources

• Landlord and Tenant Board – applications, forms and decisions
• Government of Ontario: Renting and living in Ontario
• Legal Aid Ontario – tenant legal help and clinics

1. [1] Landlord and Tenant Board
2. [2] Residential Tenancies Act, 2006 (Ontario)
3. [3] Landlord and Tenant Board forms and guides