4. Decide if you want to fight the eviction order
Question & Answer
I gave notice to end my tenancy. What happens if I want to stay?If you get an eviction in the mail or by email, read it carefully. If you disagree with the decision, you only have 10 days after the date of the eviction order to ask for a hearing. You must use the (LTB) Form S2 – Motion to Set Aside an Ex Parte Order. Your deadline to file this form will be shown on your eviction order.
If you decide to move
If you decide to move out, you should do this by the listed in the eviction order. If you stay after this date, your landlord can have the come and you by changing the locks. Sometimes the Sheriff will send a to your home saying when they are coming but they don't always give this warning.
Once the Sheriff changes the locks, you can't live in the home anymore. Your landlord must give you 72 hours after the locks are changed to remove any stuff you still have in your home.
If you decide to fight the eviction
Explain why you think the eviction decision should be changed as clearly as you can on the Form S2. Think about the following questions:
- Why do you think that you didn't give notice or agree to move out?
- Did you make an agreement with your landlord to let you stay? Did you try to make an agreement?
- Did your landlord force you to sign the notice form?
- What circumstances in your personal, work, or family life make it hard for you to move? If you did give notice, has anything changed since you agreed to move?
- What do you have?
You should prepare for your hearing as soon as you submit your Form S2. The LTB will try to schedule the hearing very quickly.
You can learn more about the Form S2 in the question What if my landlord got an eviction order without a hearing?
