2021: LTB Urgent Hearing Request

An Urgent Hearing Request may be made by landlords that are navigating tenancy issues which pose serious health and safety issues, involve illegal activity in the rental unit, or are urgent in nature, can seek relief from the Landlord and Tenant Board (LTB or Board).

The process that is followed for an urgent hearing request requires that the landlord give proper notice to their tenants and file the appropriate forms with the Landlord and Tenant Board. The LTB application must be accompanied by the Request to Extend or Shorten Time form which allows the Board to consider the urgency of the matter.

If the request is approved, an online/telephone or written hearing will be scheduled. For more information on the Request to Extend or Shorten Time, or to obtain a copy of the form, visit https://tribunalsontario.ca/ltb/forms/

If the Landlord and Tenant Board issues a standard eviction order, you must wait until after the lockdown to file with the Sheriff. If an expedited eviction order is issued, the landlord can file with the Sheriff once the order is received. Read the order carefully and follow the instructions provided.

The Sheriff can enforce an LTB eviction order if the order specifically asks the Sheriff to expedite the eviction. Section 84 of the Residential Tenancies Act, 2006 says that the LTB must ask the Sheriff to expedite the eviction if the tenant is being evicted because they:

  • willfully damaged the rental unit;
  • used the unit in a way which is inconsistent with residential use and caused, or is likely to cause, significant damage;
  • committed an illegal act in the unit involving the production or trafficking of illegal drugs;
  • seriously impaired someone’s safety;
  • substantially interfered with the landlord’s reasonable enjoyment – in cases where the landlord and tenant live in the same building and the building has 3 or fewer residential units.

There is an exception to that rule. If the adjudicator orders that the enforcement should be postponed under section 83(1)(b) of the Residential Tenancies Act, the LTB does not have to ask the Sheriff to expedite the eviction, even if the tenant is being evicted for one of the reasons above. [1]

If your request is denied, the Board will notify you of this along with reasons for the decision and a hearing will be scheduled when appropriate.

Please see Landlord Learning Modules for step-by-step information and instruction on a variety of LTB procedures and forms: https://landlordselfhelp.com/landlord-learning-modules/

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[1] Eviction Enforcement Paused: LTB Continues Operations https://tribunalsontario.ca/ltb/operational-updates/
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