Tenant’s Motion to Void an Eviction Order for Arrears of Rent in Ontario

The document provides detailed instructions for tenants in Ontario on how to void an eviction order for arrears of rent. It outlines steps for making payments to nullify the eviction order, including paying the full amount owed directly to the landlord or the Landlord and Tenant Board (LTB), and the process for filing a motion with the LTB if required. It also includes information on the importance of filing accurate and complete documentation to support the motion.

To fill out the form “Tenant’s Motion to Void an Eviction Order for Arrears of Rent in Ontario,” follow these steps:

1. Complete the Motion and Declaration: Fill out the provided motion form and the attached declaration form accurately. Ensure all sections are completed and all necessary information is provided to support your case. When listing payments in the declaration, only include those made after your hearing date.
2. File the Motion, Declaration, and Proof of Payment(s): Submit the completed forms along with any supporting documents (e.g., receipts, bank deposit slips) that prove your payments. These can be filed at a Landlord and Tenant Board (LTB) office without charge, mailed, or couriered. ServiceOntario locations also accept in-person filings.

Ensure you provide comprehensive evidence of your payments to support your motion effectively. The LTB will review your submission and decide based on the information provided whether the eviction order will be voided.

How to Stop an Eviction Order in Ontario

To stop an eviction order in Ontario, you generally need to follow these steps, although the specific approach can vary based on the reasons for the eviction:

• Understand the Reason for Eviction
• Communication with the Landlord
• Pay Any Owed Rent or Fix Violations
• Attend the Hearing
• File a Motion to Set Aside an Ex Parte Order
• Apply for a Stay of the Eviction

Eviction For Non-Payment of Rent

The most direct way to stop an eviction for non-payment of rent is to pay the outstanding rent in full. If you can manage to pay what you owe, including any late fees as per your lease agreement before the eviction order is finalized, you can usually stop the eviction process. If you are unable to pay the full amount owed at once, try negotiating a payment plan with your landlord. If you can come to an agreement on how you will repay the owed rent over time, your landlord might agree to halt the eviction process. Make sure to get any agreement in writing.

If your landlord has applied for an eviction order, you will be notified of a hearing date at the Landlord and Tenant Board (LTB). It is crucial that you attend this hearing to present your case. You can explain your financial situation, show that you have made efforts to pay the rent, or present a plan to pay what you owe. The Board might decide to give you more time to pay the rent or set up a payment plan.

If an eviction order was issued because you did not attend the hearing, but you’ve since paid the rent in full, you may file a motion to void the eviction order based on the payment. You will need to provide proof of payment to the LTB. If you are facing eviction and cannot afford a lawyer, you might be eligible for assistance from the Tenant Duty Counsel Program. This program provides free legal help to low-income tenants facing eviction. Duty counsel might give you advice, help you negotiate with your landlord, or even represent you at your LTB hearing.

LTB Sheriff Eviction

When the Landlord and Tenant Board (LTB) in Ontario issues an eviction order and it is enforced by a sheriff, it means that the eviction process has reached its final stage. At this point, the tenant has already been through the LTB hearing process, and the Board has decided in favor of the landlord. If a sheriff is scheduled to enforce an eviction order, it generally means that all legal avenues through the Landlord and Tenant Board (LTB) have been exhausted and the landlord has obtained a final eviction order.