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What if my landlord got an eviction order without a hearing?
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In some situations, the Landlord and Tenant Board can make an eviction order without holding a hearing. This is called an ex parte order.
Your landlord can apply for an ex parte order, without giving you any notices, if your landlord claims that any of these things happened:
- you did not follow a Board order or settlement agreement from an earlier eviction case, and that order or agreement says that your landlord can apply to the Board without telling you
- you and your landlord agreed that you would move out
- you gave your landlord a written notice saying you would move out
If your landlord applied for an ex parte order, you might not find out about it until the Board sends you a copy of the order. You can tell it is an ex parte order if it says "Order under section 77(4)" or "Order under section 78(6)" at the top. And it should mention one of the three points above.
If you've decided to move, you should do so by the day that the Board has ordered you to move out. This is sometimes called the termination date and it is usually on the last page of the order. After the termination date, your landlord can get a court official called the Sheriff to physically evict you.
If you do not want to move, you must do something about the eviction order right away.
1. Decide if you should move out or try to stay
If you decide to move out, try to move by the date stated in the Board's order, or as soon as possible after that. If the Sheriff enforces the eviction order, your locks can be changed very quickly.
If the Sheriff locks you out, you only have 72 hours after the lockout to make arrangements to get your stuff. Even if the eviction happens just before the weekend, you still have only 72 hours. So, it's best to make sure to move your stuff out before this happens.
2. Ask the Board for a "set aside" hearing
Important COVID-19 update about the Landlord and Tenant Board
The LTB is holding most hearings remotely, by phone, video, or in writing. Some people have had trouble connecting to remote hearings. If you have a video hearing scheduled, download Microsoft Teams ahead of time and make sure your setup is working.There have also been reports that it can take a long time to get through to the LTB by phone. If you need help right away, contact a lawyer or your local community legal clinic.
You can ask the Board to "set aside" the ex parte order and hold a hearing where you will have a chance to tell your side.
To do this you must file a form called an S2-Motion to Set Aside an Ex Parte Order with the Board as soon as possible.
Time limit
If you file this motion within 10 days after the date of the ex parte order, the Board will schedule a hearing.
If you missed the 10-day deadline, you must also fill in a Request to Extend or Shorten Time form. You must give the Board a good reason for missing the deadline, and explain why it would be fair to extend it.
Filling out the S2 form
To fill out the form, first you must find out the reason that the Board made the eviction order. This reason should be on the first page of the order. If you live near a Board regional office, you can contact them and ask for a copy of the papers your landlord used to ask for the ex parte order.
What you should put on your Form S2 depends on which reason your landlord used when filing the Ex Parte application.
If your landlord told the Board that you did not follow a Board order or settlement agreement
To ask the Board to evict you for this reason, your landlord had to sign a sworn statement saying which part of the order or agreement you did not follow.
A common example is agreeing to a payment schedule and then being late with a payment.
If you did follow the agreement or order, it's important to bring evidence to the Board to prove this. If you did not follow it, describe why that happened and what you will do to correct it.
If your landlord told the Board that you agreed to move out
To ask the Board to evict you for this reason, your landlord had to give them a copy of any written agreement between you and your landlord saying that you would move out, and sign a sworn statement about the agreement. If there was no written agreement, your landlord had to sign a sworn statement saying that you made a spoken agreement to move out.
If you didn't agree to move, or your landlord forced you to agree, these are good reasons to put on your ex parte motion form.
You should also explain why you need to keep your home because of your personal, family, or work situation, and if your situation has changed since you agreed to move.
If your landlord told the Board that you gave notice to move out
To ask the Board to evict you for this reason, your landlord had to give them a copy of a written notice from you, saying that you wanted to move out, and sign a sworn statement about the notice.
If you didn't write the notice or if your landlord forced you to give notice, these are good reasons to put on your S2 motion form.
You should also explain why you need to keep your home because of your personal, family, or work situation, and if your situation has changed since you gave notice.
3. Get legal help
It's always best to get legal advice about eviction problems if you can, especially when you have an eviction order against you.
If you have a low income, you can call your local community legal clinic and try to make an appointment to discuss your situation. Be sure to tell the clinic that you have an eviction order against you.
If you can't get help from a community legal clinic, you can contact the Law Society Lawyer Referral Service for a free half hour consultation with a lawyer or licensed paralegal. Or you can contact JusticeNet, a non-profit organization that can connect you with a lawyer or licensed paralegal who has agreed to work for reduced fees.
If you live in a city where there is a Board regional office, and you can't find legal help, you may be able to speak to Tenant Duty Counsel. But they are usually busy helping tenants who have eviction hearings that day and they might not have time to talk to you.
4. File your papers with the Board and try to stop the eviction
Once you fill out your Form S2, and your Request to Extend or Shorten Time form if needed, there are some very important steps you must take right away to try to stop the eviction:
- take your papers to the Board and file them
- take a copy of the Notice of Hearing to the Sheriff's office
- give copies of your papers to your landlord
- prepare for the hearing
- go to the hearing
- decide what to do if you lose your case
If you can, get legal help to do these things. If you can't get help, the Tenant Duty Counsel Program has a Tip Sheet that explains these steps. You should read the whole Tip Sheet and follow what it tells you to do as carefully as possible.