LTB Default Order Ontario: What Happens When Your Tenant Doesn't Show Up

You filed your L1 application. You served the notice correctly. The hearing date arrived. You showed up — and your tenant didn't.

If this has happened to you, you have questions. Does the LTB automatically rule in your favour? How long does it take? Can the tenant still challenge the order after the fact?

Here is what actually happens.

What Is a Default Order?

When a party to an LTB hearing fails to appear — and the LTB is satisfied they received proper notice — the board can proceed with the hearing in their absence.

This is authorized under RTA Section 196. The LTB holds the hearing without the absent party. The evidence is reviewed, you present your case, and an order is made.

That order is called a default order — named after the fact that one party defaulted by not showing up.

A default order carries the same legal weight as an order made after a fully contested hearing. You can enforce it through the Sheriff's office.

Does the LTB Automatically Rule in Your Favour?

No. This is the most important thing to understand.

A default order is not an automatic win. The LTB does not rubber-stamp your application because the tenant didn't appear.

The adjudicator still reviews your evidence. They still assess whether the grounds are made out. They still apply Section 83 discretion before ordering eviction.

What changes when the tenant doesn't appear:

• There is no one to cross-examine your evidence
• There is no rebuttal to your testimony
• There are no competing facts to weigh
• The board proceeds only on what you presented

If your paperwork is complete — the N4 (or N5, N6, etc.) was properly served, the application was filed correctly, the rent ledger is accurate — the LTB will issue the order. But if your Notice to Terminate is defective, if your service method was wrong, or if your application has errors, the adjudicator can still dismiss it.

Your case still has to be right. It just gets decided without opposition.

What Happens at the Hearing

When you arrive and the tenant isn't there, LTB staff check two things:

1. Whether the notice of hearing was properly served on the tenant
2. Whether enough time has passed for the service method used

If service is confirmed, the adjudicator calls the case, notes the tenant's absence, and asks if you want to proceed without them.

You say yes.

You then present your case as normal:

• Confirm the application details
• Walk through the notice (N4, N5, etc.) — dates, amounts, service method
• Present your rent ledger showing arrears
• Answer any questions from the adjudicator

For straightforward L1 (rent arrears) applications, orders are often issued the same day.

What the Default Order Looks Like

For an L1 (rent arrears) application, the default order typically:

• States the total arrears amount
• Orders the tenant to pay all amounts owing or vacate
• Sets an 11-day void period — the tenant has 11 days to pay everything or leave
• Gives you the right to request Sheriff enforcement if the tenant does neither

The tenant has until the void date to pay all amounts owing. If they pay, the eviction portion of the order is void. If they do not pay and do not move out, you go to the Sheriff.

For other applications — L2 applications based on an N5 or N7 — the order format will match the grounds, but the void period and conditions will differ.

The Tenant's Right to Set Aside a Default Order

Here is where many landlords get a surprise: the tenant can challenge a default order after the fact.

Under the LTB's rules, a party who was absent can file a motion to set aside the default order. If granted, the hearing is re-opened and the matter proceeds as if it had never been decided.

To succeed, the tenant must show:

1. They had a good reason for not appearing — illness, emergency, didn't receive notice
2. They have a genuine issue to raise — a defence worth hearing

The LTB has discretion to grant or refuse these motions. They look at how quickly the tenant acted after receiving the order, the reason for the absence, and whether a real issue exists.

What this means for you: proper service is your defence. If you served the notice of hearing correctly — in-person, by mail to the right address, or by another method permitted under the RTA — and you have proof of that service, it is much harder for the tenant to claim they didn't know about the hearing.

Keep your Certificate of Service. Keep your proof of mailing. If you served in-person, write it down the same day with the date, time, and address.

Four Things That Protect Your Default Order

1. Serve the original notice correctly

The N4 (or whichever notice applies) must be served using an RTA-approved method and within the required timeframe. A defective notice is a defective eviction — a default order will not fix a bad notice. Review the N4 notice requirements before you serve.

2. Confirm the hearing notice reached the right address

The LTB serves the notice of hearing directly. Before the hearing, verify the address on file with the LTB is current. If the tenant moved and you never updated their address, the notice may have gone to a stale location — something a tenant can use to set aside the order.

3. Show up with a complete file

Do not assume the tenant's absence is a free pass. Bring your full package: the N4 with Certificate of Service, a complete rent ledger, your L1 application confirmation, and any relevant correspondence. A thin file gets a thin order. Your full documentation is what makes the order defensible. See our LTB hearing preparation guide for the complete checklist.

4. Act promptly after the void date

After the order issues, track the void date precisely. If the tenant doesn't pay everything owed or vacate by the void date, your next step is filing for Sheriff enforcement. Do not wait weeks after the void date before acting — delays give the tenant more time to file a motion to set aside.

This Works Both Ways

If you fail to appear at your own LTB hearing, the LTB can dismiss your application or proceed without you — neither outcome is good.

If you miss a hearing due to a genuine emergency, contact the LTB immediately to request an adjournment. Acting within 24 hours of the scheduled hearing gives you the best chance of reopening it. The LTB will not automatically reschedule because you called after the fact.

Timeline: From Default Order to Enforcement

Once the default order issues, here is the typical timeline for an L1 in the London, St. Thomas, and Strathroy area:

• Day 0 — Order issued (same day or within a few days of the hearing)
• Day 11 — Void period ends; tenant must have paid all amounts owing or vacated
• Day 12 and beyond — If neither, file a Request to Enforce with the Sheriff
• Sheriff enforcement — 2–6 weeks in London and Middlesex County; typically faster in smaller centres like St. Thomas and Strathroy

From the date your notice of hearing was served to the day you have an order in hand, the average for an uncontested L1 in the London area is 8–14 weeks. Add 4–8 weeks for Sheriff enforcement if the tenant does not comply voluntarily.

For the full breakdown of how long each stage takes, see our guide on how long the eviction process takes in Ontario.

Common Mistakes After a Default Order

Waiting too long to enforce. The order has no expiry, but every week you wait gives the tenant more time to file a motion to set aside. File for Sheriff enforcement as soon as the void date passes and the tenant hasn't paid or moved.

Not downloading the order. The LTB issues orders through the Tribunals Ontario Portal. Download it the same day it appears. You need the order reference number for Sheriff enforcement.

Accepting a partial payment informally. If the tenant pays part of what they owe after the hearing, do not accept it without documenting it clearly. Partial payment does not void the order, but untracked payments can complicate your enforcement position. Log every payment in your rent ledger with the date and amount. Good record-keeping practices protect you here.

Assuming the order is permanent. It isn't. A successful set-aside motion resets the clock entirely. Your best protection is clean service documentation — Certificate of Service, dated proof of mailing, or notes from in-person service — so the LTB can see the tenant received proper notice.

When to Hire a Paralegal

You do not legally need a paralegal to proceed with an uncontested hearing in Ontario. But if the situation has any of these features, $400–$1,200 for a paralegal in the London area is worth considering:

• The tenant has filed set-aside motions before
• The arrears are large (over $5,000)
• The application involves an N5 or N6 rather than a straightforward N4
• The tenant has previously raised Section 83 arguments

For straightforward L1 applications with clean documentation, most small landlords in London, St. Thomas, and Strathroy handle these on their own without issue. The Landlord's Self Help Centre (1-800-730-3218) offers free guidance for self-represented landlords.

External resource: Tribunals Ontario — LTB forms and filing

Frequently Asked Questions

How long does a default order take at the LTB? For L1 (rent arrears) applications, orders are often issued the same day as the hearing. More complex L2 applications may take a few days to a week for a written order to be posted to the portal.

Can a tenant set aside a default order after 30 days? The LTB can still consider a late motion to set aside, but the longer the tenant waits, the less likely it is to succeed. Acting within 10–15 days of receiving the order gives the tenant the best chance. A delay of several months with no explanation will usually result in the motion being refused.

Does the void period still apply to a default order? Yes. Standard L1 default orders include an 11-day void period. The tenant can pay all amounts owing during that window and void the eviction portion of the order. The obligation to pay the arrears remains regardless.

What if the tenant files a motion to set aside right before I call the Sheriff? The LTB will typically stay enforcement while the motion is being decided. This can delay your timeline by weeks or longer. If you receive notice of a set-aside motion, contact the LTB immediately to confirm your enforcement status.

What if the LTB decides not to proceed even though the tenant didn't show up? This happens when service is defective — the LTB is not satisfied the tenant received proper notice of the hearing. The adjudicator will adjourn and direct re-service of the hearing notice. This resets your timeline by four to six weeks.

Can I get my filing fee reimbursed through a default order? No. The LTB filing fee ($175 for an online L1 application) is not reimbursed through the order. Cost awards at the LTB are rare and not tied to whether the tenant appeared.

What if I wasn't sure the tenant received the hearing notice and said nothing at the hearing? If you proceed without raising the service question and later the tenant files a set-aside claiming they didn't receive notice, the LTB will examine the record. This is why confirming the address on file before the hearing matters — raising it proactively protects you.

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When a tenant doesn't show up to an LTB hearing, the process still has to run properly. Prepare your file as if the hearing will be fully contested — because the order still has to stand up if the tenant files a motion to set aside.

If you are a small landlord in London, St. Thomas, or Strathroy and you would rather not spend evenings reading LTB procedures, Prospera Properties handles everything from notice service to hearing documentation to enforcement follow-through.