In situations where a landlord is trying to evict a tenant for unpaid rent (or for other reasons), quite often, the Landlord and Tenant Board will give tenants another chance. The Landlord and Tenant Board may issue an order stating that as long as the tenant complies with the terms of the order, the tenant will not be evicted. Those terms typically set out a payment schedule for paying the rent as well as the arrears of rent (or whatever the terms are that must be complied with). Those orders can also state that the landlord is allowed to apply for an order, on an ex parte basis (meaning without a hearing being conducted or without the tenant being notified), evicting the tenant, if the tenant fails to make any of the payments according to the schedule (or comply with any of the terms of the order).

What can tenants do if they do not agree with the Order? They can ask to have the order cancelled (or in legalese, “set aside”) by applying for a “Motion to Set Aside an Ex Parte Order”.

The Landlord and Tenant Board will schedule a hearing whenever a Motion to Set Aside an Ex Parte Order is filed and send a notice to the tenant and the landlord notifying both of them of the date, time, and location of the tenant’s hearing. The Landlord and Tenant Board will also send a copy of the tenant’s
motion to the landlord.

When a Motion to Set Aside an Ex Parte Order is applied for, the order evicting the tenant is put on hold (or “stayed” which means that it cannot be enforced) until the Landlord and Tenant Board makes a decision about the tenant’s motion. It is very important that the Superior Court of Justice Enforcement Office (aka “the Sheriff”) is given notice of this to ensure that the eviction is not enforced.

After the hearing, a member of the Landlord and Tenant Board will decide whether or not to cancel the ex parte order. If the ex parte order is not cancelled, the hold on the ex parte order will be cancelled, meaning that the ex parte order is still in effect and the landlord will be able to file the order with the Court Enforcement Office (the Sheriff) and ask for the eviction of the Tenant.

Please note these materials have been prepared for general information purposes only and do not constitute legal advice. Readers are advised to seek legal advice by contacting Frank Feldman* regarding any specific legal issues.

Call the Real Estate Law Experts at Frank Feldman Law Today!


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