Form S3 in Ontario: Contesting an Order That Voided an Arrears Eviction

In Ontario, the S3 is how a landlord asks the Landlord and Tenant Board (LTB) to undo an order that cancelled an eviction for unpaid rent. That kind of order is made with no hearing, based only on the tenant's sworn statement that the full amount was paid in time. When the landlord disputes that, the S3 puts the question to a Member with both sides present.

Who uses it and what it means for each side

• Landlords (or co-ops): you file the S3 when your L1 eviction order was declared void and you say the money never fully arrived.
• Tenants: you never file this form, but you may be served with one. A hearing follows where you can show what you paid, and the order cancelling the eviction keeps working until the Board rules.

Key facts in one table

How voiding works, step by step

1. The eviction order sets a price for staying. RTA s. 74(4) says the arrears order is cancelled if, ahead of the enforceable date, the tenant covers the arrears, any further rent that has fallen due, NSF charges and Board-ordered costs.
2. Money paid into the LTB. When the full sum is paid to the Board, staff send out a notice saying so (s. 74(5)). No S3 is involved.
3. Money paid to the landlord. If any of it went directly to you as landlord, the tenant may file a motion the landlord is not told about, with an affidavit (a sworn written statement) listing the payments. Under s. 74(6) to (8), a Member decides it on paper, with no hearing.
4. The landlord's answer. Within ten days, giving the tenant notice, the landlord may ask for that order to be set aside (s. 74(9)). That request is the S3.
5. What the Board must do. Section 74(10) leaves three outcomes: - the S3 fails if everything was paid before the enforceable date; - the S3 fails if the tenant missed that date but has paid in full since; - in every other case, the void order is cancelled and the eviction order is confirmed as still valid.

Is the S3 the right form?

Yes, when the void order grew out of a tenant motion under s. 74(6) and you still lack the full amount. Typical reasons: a cheque or transfer was returned, money the tenant counted was really for something else, or the affidavit claims more than was paid.

No, when:

• A hearing came first. The form itself limits the S3 to orders made without one. Post-hearing, use a Request to Review an Order.
• The full payment went to the Board. That leads to a s. 74(5) notice (Rule 20.2), not a s. 74(6) order.
• Payment came after the enforceable date but before removal. That is a different tenant motion, under s. 74(11). The landlord gets notice of it, and a tenant can use it once per tenancy agreement.

Timing rules to know

• Ten days run once the void order is issued (s. 74(9); form note 2). Use calendar days, skip the issue date, and where day ten is a Saturday, Sunday or LTB holiday, roll forward to the next business day; see Rules 1.12 to 1.14.
• Worked example: a void order issued Thursday, January 14, 2027 hits day ten on Sunday, January 24. The S3 is therefore due Monday, January 25, 2027.
• Late? An extension request is possible, but save for exceptional circumstances it has to go in together with the S3 (Rule 16.2).
• Serving: the motion must reach the tenant 48 hours or more ahead of the hearing time (Rule 5.11). Usually the LTB mails out the hearing notice with the motion itself, unless it tells a party to serve (Rule 5.1). Look for that instruction on the Notice of Hearing; if you serve, prove it by filing a Certificate of Service.
• Meanwhile: form note 3 says the void order keeps operating until a decision, so enforcement is on hold.

Filling in the S3: a field-by-field checklist

The current version is dated v. 01/04/2022 and is a single page.

• [ ] File Number: copy the void order's number, which ends in "-VO".
• [ ] Between: names of both parties (landlord or co-op; tenant or co-op member), matching the orders.
• [ ] Address of Rental Unit: street address and unit number in full.
• [ ] The request line: enter your own name, plus the number and date of the order you want set aside.
• [ ] The reasons box: show the math. Include:
• the sum the eviction order required to void it, plus rent that has come due since;
• every payment you actually got, with its date, amount and method;
• any payment that bounced;
• what was still missing on the enforceable date;
• exactly where the tenant's affidavit goes wrong.
• [ ] Signature: tick landlord, co-op or representative; enter first name, last name and phone number; sign and date.

Your rent ledger and bank statements become your evidence at the hearing, so keep them handy.

Submitting it

Use the Tribunals Ontario Portal. It costs nothing, and once it is in, the LTB books a hearing. Unlike a tenant's set-aside motion, a landlord's S3 does not have to be filed with the Court Enforcement Office (Rule 25.1).

Seven ways an S3 goes wrong

1. Day ten passes. If no S3 is filed in time, and no extension request accompanies it, the void order survives and your eviction order is gone.
2. Wrong form after a hearing. When the void order followed a hearing, ask for a review instead, and do it before the review deadline runs out.
3. No figures. "The tenant did not pay" gives the Member little to weigh. The issue is whether the whole s. 74(4) amount arrived, so set out the numbers.
4. Forgetting rent that fell due later. Section 74(4)(b) adds rent owing up to the payment date to the amount needed. Many of these disputes turn on that.
5. Overlooking money received since. If the tenant has caught up fully, s. 74(10)(b) obliges the Member to dismiss the S3. Review your ledger first.
6. Service problems. No proof of service when you were told to serve, or serving with under 48 hours left, can defeat the motion under Rules 5.11 and 5.17.
7. Going to the Sheriff early. Enforcement has to wait; the void order governs until there is a ruling.

After the hearing

The decision is made under s. 74(10).

• Landlord succeeds: the cancellation is undone, the Member confirms the eviction order still stands, and enforcement can proceed through the Court Enforcement Office.
• Landlord fails: the eviction remains cancelled and the tenant stays.

Questions people ask about the S3

What does the LTB mean by an "order to void"?

A paper decision under RTA s. 74(6) declaring an L1 eviction order cancelled because the tenant, paying some or all of the money to the landlord, cleared everything before the order could be enforced.

What is the deadline for filing an S3?

Section 74(9) allows ten days from the date the void order was issued.

The tenant paid the LTB, not me. Can I use an S3?

Usually not. Full payment into the Board leads to a staff notice under s. 74(5) rather than a motion order. If you think that payment fell short, contact the LTB quickly with the file number and your math; the S3 does not fit that case.

Which documents help at the hearing?

Bring the original eviction order (it shows the sum needed to cancel it), your rent ledger and deposit records, any NSF notices, and, where you served the motion yourself, your proof of service.

As a tenant, how do I prepare?

Collect your own proof: receipts, bank records and anything showing the dates and amounts you paid. Under s. 74(10), the Member must leave the void order in place if you paid everything in time, or have paid it all since.

Official sources

• S3 – Landlord's Motion to Set Aside an Order to Void (PDF)
• Residential Tenancies Act, 2006, s. 74
• LTB Rules of Procedure, Rules 5.11, 16.2, 20 and 25
• LTB Forms, filing and fees

Last reviewed October 31, 2026. General information, not legal advice for your situation. Always use the current version of the form from the LTB.