Tenant Motion to Set Aside Eviction Order (Ex-Parte)
Did you receive an eviction order without a hearing? You may still have a chance to stop it—and we can help.
When the Landlord and Tenant Board (LTB) issues an Eviction Order without a hearing, it is called an ex parte order. These are typically granted when a tenant misses a deadline to respond to a landlord’s application. But missing a step in the process doesn’t mean you have to lose your home.
At Haider Khan Legal, we have successfully helped numerous tenants set aside ex parte eviction orders and remain in their homes. We provide a clear, strategic plan tailored to your circumstances to maximize your chances of success.
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You may qualify to set aside an eviction order if:
You did not receive proper notice of the landlord’s application
You had a valid reason for not responding (e.g., medical emergency, family crisis)
You attempted to respond, but your documents were misfiled or rejected
The order contains serious errors or was issued without due process
Did not sign an N11 agreement with the Landlord, or were forced into signing one.
Did not default on a board ordered payment plan, or acted quickly to remedy the default.
The LTB will review whether it is just and fair to cancel the eviction order based on your motion and supporting evidence.
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If successful, your motion can:
Cancel the eviction order entirely
Pause enforcement, including stopping the Sheriff from attending
Allow you to attend a hearing where both sides present evidence
Provide a real second chance to resolve the dispute fairly
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You may be evicted by the Sheriff, often within days
Your belongings may be seized or removed
You could face difficulties securing future housing due to the eviction record
That’s why acting immediately is critical. You generally have 10 days from the date you receive the order to file the motion.
Why Choose Haider Khan Legal?
Haider Khan Legal assists tenants seeking to set aside an ex parte eviction order within the applicable deadline. We review the order, payment history, surrounding circumstances, and available evidence to prepare the motion and present the tenant’s position effectively before the LTB.
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