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Can I stop the eviction by paying what I owe?

If your landlord is trying to evict you for owing rent, you can stop the eviction by paying what you owe. You can do this at any time in the process before the Sheriff comes to change your locks.

There is a process the landlord has to follow if they want to evict you because you have not paid rent. Before they can apply to the Landlord and Tenant Board, they usually have to give you a written notice first and time to pay any rent that you owe.

In addition to rent, you might also have to pay extra costs to your landlord to stop the eviction. The amount that you have to pay depends on which steps your landlord takes before you pay.

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Next Steps: 

1. Pay on or before the date in the eviction notice

To start the process to evict you for non-payment of rent, your landlord must first give you a written notice. Usually the notice will be called N4 - Notice to End your Tenancy For Non-payment of Rent.

The notice must tell you:

  • the amount that the landlord wants you to pay
  • details of how that amount is calculated
  • the date your landlord wants you to move if you don't pay

This information should be on the first page of the notice.

You can cancel this notice by paying all the rent that you owe within 14 days after you get the notice. You must pay within 7 days if you rent by the day or week. Make sure the landlord gives you a receipt for your payment.

Your payment must also include any rent that comes due after the date on the notice.

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2. Pay on or before the date of your eviction hearing.

If you don't cancel the notice by paying, your landlord can apply to the Landlord and Tenant Board to hold a hearing about evicting you. The Board will then send you a Notice of Hearing and a Form L1.

If this happens, you can still try to stop the eviction by paying the amount you owe before the hearing date.

The Form L1 should show the amount you have to pay to stop the application. This amount will include any rent payments that you missed since the first Notice. It will also include the $170 application fee the landlord had to pay to the Board. You also have to pay any rent that became due after your landlord signed the L1.

You can pay the money to your landlord or into the Board's Trust Account. You should bring in the receipt to the Board as soon as you make the payment.

If you pay the full amount to the Board, the hearing should be cancelled.

But you should go to the hearing to make sure the Board member knows that you have paid if:

  • you paid all or part of the amount directly to your landlord, or
  • you are not sure the hearing has been cancelled.

If you pay any amount to your landlord, make sure you get a receipt.

3. Pay before the date the eviction order says you have to move

If the Board has sent you an eviction order, you can try to "void" or cancel the eviction order.

To do this, you must pay the full amount shown in the Order. This amount usually includes the landlord's costs for applying to the Board and any NSF charges, in addition to the rent. And you must pay the amount on or before the date shown in the Order.

The total amount you need to pay, and the date you must pay it by, is usually at the end of the last page of the eviction order, in a chart under the heading "Amount the Tenants must pay to void the eviction order and continue the tenancy".

You must also pay any rent that becomes due after the date the eviction order was written. For example, if the Board made the eviction order in January but you are paying in February, you will also have to pay the full rent for February to cancel the order. This is not included in the amount set out in the Order so you will have to make sure to add it when you pay.

If you make your payment to the Board, the Board should then send a notice to you and to your landlord saying that the eviction order is cancelled.

If you make the payment to your landlord, or pay some to your landlord and the rest to the Board, make sure to get a receipt and take it to the Board. The landlord must give you a receipt at no charge if you ask.

You should also file a Motion to Void an Eviction Order. This is important to prevent any mistakes that might lead to the Sheriff evicting you.

The Board will not hold a hearing but a Board member will just look at the papers you filed with your Motion. If they agree that you paid enough, they will make an order saying that the eviction order is void. You will have to deliver a copy of this order to the Sheriff’s office to make sure the Sheriff knows not to evict you.

4. Pay after the eviction date but before the Sheriff locks you out

Even if you miss the payment deadline in the eviction order, you can still try to cancel the order before the Sheriff comes to lock you out. To try to cancel the order, you must pay the full amount shown in the Order, plus any new rent that has become due since the date on the eviction order.

For example, if you got the eviction order in January but are paying in February, you will also have to pay the full rent for February to cancel the order.

If you make all these payments before the Sheriff comes, you then must file a Motion to Void an Eviction Order.

You can only file this kind of motion once during your tenancy. This means you can never do it again as long as you live in the same place.

The Board will schedule a hearing to decide whether you paid enough to cancel the order. You have to deliver a copy of the Notice of Hearing to the Sheriff's office so they know not to evict you before the hearing.

If the Board decides at the hearing that you have paid enough to cancel the order, the Board will then find out whether the landlord paid any fees to the Sheriff's office to enforce the Order. The Board will make an Order saying that you have to pay those fees to the Board by a certain date. You must pay those fees to the Board's Trust Account, not to your landlord.

If you pay all the fees to the Board's Trust Account by that date, and file the bank stamped receipt immediately with the Board, the Board will give you a Notice that says the eviction order is cancelled. But you will again have to deliver papers to the Sheriff's office so they will know the eviction order is cancelled.

Reviewed: 
December, 2015

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