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Fighting an eviction

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If there is an eviction order against you

If you do not want to move, you must do something about the eviction order right away. What you must do depends on whether or not there was a hearing.

If there was a hearing

The Board may have made the eviction order because the Board member at the hearing agreed with your landlord or because you missed the hearing. If either of these things happened, you might be able to stop the eviction by asking the Board to review the decision or by filing an appeal in court. If the eviction is based on you owing rent, you might also be able to stop it by paying everything you owe plus your landlord's legal expenses.

But you must act very quickly and you must follow exactly the right steps. So it is best to get more detailed information or legal help first. See Where to get help and information.

If there was no hearing

In some situations, the Board can make an eviction order without holding a hearing. This is called an "ex parte" order. Your landlord is allowed to apply for an ex parte order, without giving you any notices, if your landlord claims that:

  • you and your landlord agreed that you would move out,
  • you gave your landlord a written notice saying you would move out, or
  • you have not followed a Board order or mediated agreement related to an earlier eviction application, and that order or agreement says that your landlord can do this.

If your landlord applies for an ex parte order, you might not find out about it until the Board sends you a copy of the order. You will then have to act very quickly to try to stop the eviction. You must file a Motion to Set Aside an Ex Parte Order with the Board as soon as possible. But to be safer, you must do this within 10 days after the date of the order.

You can get forms for filing this motion from the Board. You might be able to get help from a community legal clinic. The Tenant Duty Counsel Program has a tip sheet called "I am being evicted because I did not do what I agreed to do. What should I do now?" To find the tip sheet online, go to www.acto.ca and click on "For Tenants", then on "Tip Sheets". There is information about the Tenant Duty Counsel Program, finding a community legal clinic, and contacting the Board here.