Voiding an Eviction Order by Paying the Arrears in Ontario: Steps for Tenants and Landlords

In Ontario, a tenant who has been ordered out for unpaid rent can sometimes keep their home by paying. The Board's form for this has a long name (Tenant's Motion to Void an Eviction Order for Arrears of Rent). It asks the Landlord and Tenant Board (LTB) to confirm that an L1 eviction order no longer has any effect, because every dollar it requires has been paid. For tenants, it's a way to stay. For landlords, it's a reason to check the ledger carefully and to know your reply, the S3.

Quick summary

How paying can cancel an eviction order

Under the Residential Tenancies Act, 2006 (RTA), s. 74, paying up can rescue a tenancy that's headed for an arrears eviction. Timing decides which route applies.

Path A — paying before the enforceable date (s. 74(4)–(6))

Void happens when the landlord, the LTB, or the two combined have been paid every item here:

• [ ] the arrears;
• [ ] all rent that would have fallen due up to the day of payment;
• [ ] NSF charges (bank and administration) if the order includes them;
• [ ] the costs the order awarded.

Then one of two things happens:

• All of it went into the LTB. The Board itself issues a void notice; skip the motion (s. 74(5); Rule 20.2).
• Any of it went to the landlord. Then the tenant brings this motion — the landlord isn't notified — for confirmation that the order is void. It's decided on the documents alone (s. 74(6)–(8)).

Path B — paying after the enforceable date, before enforcement (s. 74(11))

Full payment again, now including all rent owing on the day of payment. This time the landlord is notified of the motion, and the tenant swears the payment covers everything. There will be a hearing (s. 74(14)).

Built-in limits

1. Path B can be used only once in a tenancy agreement (s. 74(12)).
2. A Path B motion that misses any requirement must be refused by the LTB (s. 74(11.1)).
3. Too late once enforced by the Sheriff or once the tenant has gone (form, page 2).

Example. An L1 order for a Kanata townhouse becomes enforceable on Thursday, January 14, 2027. On Monday, January 11, the tenant pays the landlord everything the order lists plus January's rent: that's Path A, decided without a hearing. If the same tenant waits until Wednesday, January 20, it's Path B: full payment of everything owing to that day, a motion on notice, a hearing, and a once-only use.

Is this the right form?

• Yes for an N4-based L1 eviction order.
• No for ex parte L3 or L4 orders → S2.
• No for anything else → a review request.
• Partial payment never voids. The LTB returns part-payments deposited with it (Rules 20.3–20.6).

Dates to watch

S3 example. A no-hearing order confirming the eviction order is void issues on Monday, February 1, 2027. The landlord's 10 days run to Thursday, February 11, 2027.

Filling in the form (version 15/12/2018)

Pages 1 and 2 are information. The motion itself comes after.

1. Between / File Number. Who the parties are, where the unit is, and the LTB file number.
2. The request. A fill-in-the-blank sentence: your name, plus the order's file number and date, asking that it be declared void.
3. Signature. Tenant or representative; printed name, phone, date.
4. Declaration for the Tenant's Motion. You affirm that arrears, NSF amounts, costs and post-order rent are all paid. The payment table is for post-hearing payments only — amount, date, recipient, method (cash, cheque, money order). Anything paid before the hearing is already reflected in the order.
5. Proof of payment. Attach landlord receipts or LTB trust deposit slips.

Affidavit or declaration? The statute (s. 74(7), (11)) says affidavit; the 2018 form says declaration. Both work: Rule 1.5 has the LTB taking a signed, dated declaration in place of an RTA affidavit if it carries the same content, confirms it's true, and recognizes that declaring falsely is an offence. Guideline 11 also refers to "a signed declaration or affidavit".

For tenants filing this

• [ ] You have an L1 order based on an N4 (not an L3 or L4 order).
• [ ] The Sheriff hasn't enforced it, and you're still living there.
• [ ] You've paid all of it: arrears, rent up to today, allowed NSF charges, costs.
• [ ] If you're past the enforceable date, you haven't used this motion before in this tenancy agreement.
• [ ] Your declaration lists only post-hearing payments, with receipts or deposit slips attached.
• [ ] Filing: no fee. The LTB's current forms page shows this motion on the Tribunals Ontario Portal; the 2018 form mentions an LTB office, mail, courier or ServiceOntario.
• [ ] When the Notice of Hearing and stay arrive, deliver copies to the Court Enforcement Office right away. Why: s. 74(11) frames this as a set-aside motion, which brings in Rule 25.1. A later void notice or order goes to the same office (Rule 25.2).

For landlords receiving this

Step 1 — Do the math today. Order total + rent due since + NSF and costs allowed, against every dated payment in. Short by even a little? Not void.

Step 2 — A no-hearing void order came out, yet full payment before the enforceable date never happened? Your S3 is due in 10 days, at no cost. Note s. 74(10): the S3 fails if payment in full was in fact on time, or has been completed since.

Step 3 — Payment came after the enforceable date? At the hearing, have the ledger and receipts for Sheriff fees. Non-refundable enforcement costs get quantified by the LTB; until the tenant deposits that sum with the LTB by the deadline given, the eviction order survives (s. 74(15)–(17)). A losing motion can also mean the tenant reimburses you (s. 74(18)).

Step 4 — Look for an earlier motion. One Path B motion per tenancy agreement (s. 74(12)); the original order should flag it (s. 74(3)(c)).

Step 5 — Respect the stay. Proper filing under s. 74(11) puts enforcement on hold (s. 74(13)).

Step 6 — Count before you cash. Section 45: arrears accepted ≠ tenancy reinstated, by itself. Section 74, though: full payment received can wipe out the order.

Why these motions fail

1. Short payment — forgetting rent after the order, NSF amounts or costs (s. 74(4), (11)).
2. Old payments in the table — pre-hearing amounts are already in the order, so including them inflates the total and makes the declaration inaccurate.
3. Path B twice in one tenancy agreement (s. 74(12)).
4. Defective sworn statement under s. 74(11) — refused, with no stay (s. 74(11.1), (13.1)).
5. Already enforced, or already moved out.
6. Enforcement costs unpaid by the deadline — stay lifted, Sheriff free to act (s. 74(17)).

What comes after

Path A ends with a paper decision the landlord may challenge by S3. Path B ends at a hearing: the order is declared void (enforcement costs aside) or the stay is lifted (s. 74(14)). Background: L1 and N4.

Questions people ask

I have an eviction order for unpaid rent. Can I still stop it?

Often, yes. Pre-enforceable date: the order's total plus later rent. Post-enforceable date: everything owing plus this motion, usable one time in the tenancy agreement and only while the Sheriff hasn't acted.

The landlord already paid the Sheriff. Who absorbs that?

On a Path B motion the tenant does: the LTB fixes the landlord's non-refundable enforcement costs, and the void only takes hold once the tenant deposits that sum with the LTB by the stated date (s. 74(15)).

What does it cost, and where do I file?

Nothing. The LTB's forms page lists it for the Tribunals Ontario Portal; the 2018 form refers to an LTB office, mail, courier or ServiceOntario. Include the declaration and proof of payment.

As the landlord, can I challenge an order saying the eviction is void?

Yes, if it was a s. 74(6) no-hearing order. The S3 must be filed inside 10 days of issue (s. 74(9)), with any extension request attached (Rule 16.2).

Is there a limit on how often a tenant can do this?

Path B: one time per tenancy agreement (s. 74(12)). Path A has no equivalent cap.

Official sources

• Residential Tenancies Act, 2006, ss. 45, 74, 81
• Tenant's Motion to Void an Eviction Order for Arrears of Rent (PDF)
• S3 – Landlord's Motion to Set Aside an Order to Void (PDF)
• Interpretation Guideline 11: Rent Arrears
• Interpretation Guideline 10: Procedural Issues Regarding Eviction Applications
• LTB Rules of Procedure, Rules 5.11, 16.2, 20, 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.