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Ontario|Landlord & TenantResidential: Eviction Procedures 443 Defending yourself against an eviction If a tenant receives an eviction notice called an 'Application to Terminate the Tenancy and Evict the Tenant', and a 'Notice of Hearing', they must act quickly to avoid being evicted from their home.
- When and how to dispute an eviction
Generally, tenants have five calendar days from the day they received the documents to file a Dispute form with the nearest Ontario Rental Housing Tribunal office, where the Dispute forms are available. A Dispute form lets the Tribunal know that the tenant contests the landlord's reasons for eviction. Although the Dispute form can be mailed or faxed to the Tribunal office, a tenant may want to have it delivered in person to ensure that it is received.
- What happens if a tenant did not dispute on time
If the tenant does not file a Dispute on time, the Tribunal may make a decision without holding a hearing. The Tribunal may order the eviction and may also order that the tenant pay any arrears of rent owing plus the landlord's legal costs. If a tenant failed to file a dispute for a valid reason, such as not receiving a Notice of Hearing, they may apply to the Tribunal to have the eviction order stopped. This is called setting-aside an eviction order.
For additional information about getting an eviction order set-aside, refer to other sections of Legal Line or call the Ontario Rental Housing Tribunal information line listed in the Blue pages of the telephone book.
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