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Ontario|Landlord & TenantResidential: Eviction Procedures 444 Fighting an eviction order If landlords want to evict tenants they are required to apply to the Ontario Rental Housing Tribunal and give the tenant a chance to dispute the eviction. If the tenant does not dispute the eviction, the Tribunal will normally sign an eviction order. Sometimes, tenants do not find out that they are being evicted until they receive a notice from the Sheriff or a copy of an eviction order. If this happens and the tenants did not have a fair chance to dispute the eviction, they may be able to stop the eviction and have a new hearing scheduled. This is called getting the eviction order set-aside.
- How to get an eviction order set-aside
If there is a good reason to stop the Sheriff from going through with the eviction, a tenant has to apply for the eviction order to be set-aside within 10 days from the date it was signed. If 10 days have passed since the eviction order was signed, tenants can still apply for it to be set aside, but the eviction may still occur, making it very difficult for tenants to get back into their home.
- Four steps to getting an eviction order set-aside
There are four steps to getting an eviction order set-aside. First, the tenant is required to fill out a form called a Motion to Set Aside a Default Order and submit it to the Ontario Rental Housing Tribunal office which will provide the tenant with a new hearing date.
Second, the office staff will prepare a Notice of Hearing form, which the tenant must deliver to the landlord and to the Sheriff's office to stop the eviction.
Third, the tenant is required to fill out a Certificate of Service form, which indicates that the landlord was notified of the new hearing date.
Fourth, tenants are required to attend the hearing and be prepared to explain their side of the issue.
Depending on the complexity of the issues involved, a tenant may want to contact a legal clinic for advice and in some cases representation at the hearing. The forms required for requesting an eviction order to be set aside are available at the nearest Ontario Rental Housing Tribunal office listed in the Blue pages of the telephone book.
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