2. Ask the LTB for a “set aside” hearing
Question & Answer
What if my landlord got an eviction order without a hearing?Important COVID-19 update about the Landlord and Tenant Board
The LTB is holding most hearings remotely, by phone, video, or in writing. In-person hearings are very rare.
For more information, read the question: How has the COVID-19 pandemic changed the way the LTB handles cases?
You can ask the LTB to “set aside” the and hold a hearing where you will have a chance to tell your side.
To do this you must a form called an S2-Motion to Set Aside an Ex Parte Order with the LTB as soon as possible.
Time limit
If you file this motion within 10 days after the date of the ex parte order, the LTB 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 LTB 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 LTB made the eviction order. This reason should be on the first page of the order. You can contact the LTB 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 .
If your landlord told the LTB that you did not follow a LTB order or settlement agreement
To ask the LTB to 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 send to the LTB 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 LTB that you agreed to move out
To ask the LTB 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. Your landlord also had to give the LTB a signed statement about the agreement.
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 LTB that you gave notice to move out
To ask the LTB 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. Your landlord also had to give the LTB a signed 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.
