Eviction orders

If the Landlord and Tenant Board makes an eviction order against you, you must do something about it right away if you do not want to move.

What you must do depends on whether or not there was a hearing.

If there was a hearing

The Board may have made the eviction order because the Board member at the hearing agreed with your landlord or because you missed the hearing. If either of these things happened, you might be able to stop the eviction by asking the Board to review the decision or by filing an appeal in court.

If you did not go to the hearing and want to ask the Board to review the decision, see the Tenant Duty Counsel Program tip sheet Reviews: Uncontested Orders (PDF, 8 pages).

If you went to the hearing and want to ask the Board to review the decision, see the Tenant Duty Counsel Program tip sheet Reviews: Contested Orders (PDF, 5 pages).

If the eviction is based on you owing rent, you might also be able to stop it by paying everything you owe plus your landlord's legal expenses.

But you must act as quickly as possible and you must follow exactly the right steps. So it is best to get more detailed information or legal help first.

The order will tell you the date it will become enforceable and the total amount you have to pay before that date to make the order "void".  If you can pay that amount before that date, see the Tenant Duty Counsel Program tip sheet Motion To Void An Eviction Order Before It Becomes Enforceable (PDF, 4 pages).

If you cannot pay the full amount before that date, or if that date has already passed, see the Tenant Duty Counsel Program tip sheet Motion To Void An Eviction Order After It Becomes Enforceable (PDF, 5 pages).

If there was no hearing

In some situations, the Board can make an eviction order without holding a hearing. This is sometimes called an "ex parte" order.

Your landlord is allowed to apply for an ex parte order, without giving you any notices, if your landlord claims that:

  • you and your landlord agreed that you would move out,
  • you gave your landlord a notice saying you would move out, or
  • you have not followed a Board order or mediated agreement related to an earlier eviction application, and that order or agreement says that your landlord can do this.

If your landlord applies for an ex parte order, you might not find out about it until the Board sends you a copy of the order. You will then have to act very quickly to try to stop the eviction.

You must file a Motion to Set Aside an Ex Parte Order with the Board as soon as possible. But to be safer, you must do this within 10 days after the date of the order.

You can get forms for filing this motion from the Board web site .

For more information about how to file the motion, see the Tenant Duty Counsel Program tip sheet How To Fill Out The "Motion To Set Aside an Ex-parte Order (S2)" Form (PDF, 9 pages).

Try to get legal help. See Rental Housing > Where to get help.

Enforcing an eviction order

If the eviction order is not stopped, the Sheriff is the official who is in charge of enforcing or carrying out the order.

If you have not moved out by the date the eviction order says you must move, the Sheriff can make you leave and can let your landlord change the locks.

The law does not let your landlord, a private bailiff, or a security guard physically evict you or lock you out — only the Sheriff can do this.

Protecting your belongings

If you are evicted by the Sheriff, you have only 72 hours (3 full days) to take your belongings. This rule applies even over a weekend or a holiday.

During those 72 hours, your landlord must keep your things in or near your place, and must let you get them any time between 8 a.m. and 8 p.m. It is against the law for your landlord not to do this.

You and your landlord can agree to different rules about this. This agreement should be in writing.

Some non-profit landlords give tenants more than 72 hours to get their things after an eviction. If you live in non-profit housing, check your lease or ask what your landlord's rule is for this.

But if you move out after the Board makes an eviction order but before the Sheriff comes to change the locks, the law is not clear about whether you have 72 hours to get your things out of your place. So try to take everything with you right away when you move.