Tenants in Ontario can only be evicted from a rental property after the Landlord and Tenant Board (LTB) issues an eviction order. Getting that order can be a long-drawn-out process that for the fortunate ones only lasts months.
Often hoping to expedite the process, parties can hash out arrangements by mediated agreements to cure whatever offending behaviour brought them before the LTB. ‘Hallway’ diplomacy between parties is one reason many demand a return to in-person hearings.
Once a deal is struck, the LTB issues a consent order setting out the terms. The agreement typically has a one-year duration. The terms would depend on the behaviour the order seeks to correct ie pay the rent on time, stop disturbing the neighbours, pick up after your pet, etc. Bad behaviour isn’t limited to tenants, but that’s for another post.
A key term the Residential Tendencies Act (RTA) allows to be added to any mediated or consent orders is a clause that in the event a tenant breaches one of the terms of the agreement, [the landlord] can file for the tenant’s eviction without notice to the tenant.
If the tenant breaches the agreement, the landlord can then file an L4 form with the LTB, “Application to End a Tenancy and Evict a Tenant – Tenant Failed to Meet Conditions of a Settlement or Order”. The landlord can request an ex-parte hearing without providing further notice to the tenant. The only paperwork the tenant will receive from the LTB is a copy of the eviction order that is granted based on the alleged breach of the agreement.
Ex-parte: an action taken in a legal proceeding by one party without the presence or participation of the opposing party.
In some specific circumstances, tenants still have recourse and can take steps to preserve their tenancy even if an eviction order has been issued. Bear in mind, that filing any motion merely to delay an order or “game the system” would be an Abuse of Process.
Motion to set aside an ex-parte order
A tenant can file the form Motion to Set Aside an Ex Parte Order when they disagree with an ex-parte order issued for their eviction. The tenant has 10 days after receiving the eviction order to file a motion to set aside at the LTB if they want to dispute it. (There is another form requesting an extension if more than 10 days is required)
The LTB will issue an interim order with a stay of the eviction. A hearing will then be scheduled where the tenant can state their position.
In situations where the breach was not paying the rent, the full payment automatically voids the eviction order by law. The payments can be made to the landlord or the LTB, or part of the money can be paid to each of them — as long as the amount is paid in full and done so before the sheriff enforces the eviction order.
You don’t need a lawyer or paralegal to file these motions but it can be intimidating. Tenants /Landlords may benefit from hiring someone for an hour or two as needed, as we have lots of experience but that is up to you. Seeking advice from a local community legal service to ensure proper procedures are followed is another option.
Finally, while the above is intended to be helpful, it may not apply to your case, may not be correct, and is certainly not legal advice for your particular matter.