2. Ask the Board 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. 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 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 .
If your landlord told the Board that you did not follow a Board order or settlement agreement
To ask the Board 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 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 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.
