S2 Form: Tenant's Motion to Set Aside an Ontario L3 or L4 Eviction Order

The S2 is the Ontario Landlord and Tenant Board (LTB) form a tenant (or co-op member) uses to ask the LTB to set aside an eviction order made "ex parte", without a hearing: usually an order on a landlord's L3 (tenant gave notice or agreed to end the tenancy) or L4 (tenant broke a settlement or order). Filing on time freezes the eviction until the motion is heard.

At a glance

What the S2 is for

L3 orders (s. 77). A landlord whose tenant signed an N11 agreement or gave an N9 or similar notice can apply without notice for an eviction order (s. 77(1)). The tenant may move to set that order aside within 10 days, and filing the motion stays the order (s. 77(6)–(7)). After a hearing, the LTB must set the order aside if there was in fact no agreement and no notice. It may also set it aside if the prescribed test is met. Otherwise it lifts the stay, immediately or on a future date (s. 77(8)).

Since September 21, 2026, the prescribed test is in O. Reg. 516/06, s. 8.2. The LTB sets the order aside only if satisfied, having regard to all the circumstances, that doing so "would not be unfair". It may not consider changes in the tenant's circumstances that arose after the agreement was made or the notice was given.

L4 orders (s. 78). Where a mediated settlement or order said the landlord could apply without notice if the tenant broke its conditions, the landlord may file an L4 (s. 78(1)). The tenant has 10 days to move to set aside, and filing stays the order (s. 78(9)–(10)). The LTB sets it aside if the L4 criteria were not met, or if satisfied it would not be unfair to do so. Otherwise it lifts the stay (s. 78(11)). When it sets the order aside on the fairness ground, it may amend the original settlement or order (s. 78(12)).

When to use it (and when not to)

The S2 is only for orders made without a hearing. An order made after a hearing the tenant missed or disagrees with is challenged with a Request to Review an Order, due within 15 days for orders issued on or after July 1, 2026. An L1 eviction order for arrears that the tenant has paid off is voided with the Tenant's Motion to Void.

Deadlines and limitation periods

• 10 days after the order is issued (ss. 77(6), 78(9)). The day of issue is excluded (Legislation Act, 2006, s. 89(3)). If the last day falls on a weekend or a day the LTB is closed, it moves to the next day the LTB is open (Legislation Act, 2006, s. 89(1)–(2); Rule 1.14).
• Late motions. A request to extend the time must be filed together with the S2 itself (Rule 16.2(b)–(c)). The LTB considers the length of and reason for the delay and any prejudice (Rule 16.4).
• Service. The S2 and Notice of Hearing must be served at least 48 hours before the hearing time (Rule 5.11).
• The Sheriff. The tenant must immediately take the motion, Notice of Hearing and stay to the Court Enforcement Office (Rule 25.1; the S2 says the same).
• Order expiry. The six-month period to file an eviction order with the Sheriff (s. 81) does not run while an LTB set-aside motion stays the order (Guideline 10).

How to fill out the S2, section by section

The form is version 01/04/2022, one page plus a French-language and accommodation request.

1. Between / File Number. Landlord or co-op name, tenant or member name, unit address, and the LTB file number on the order.
2. The request. "I, ___, am asking that the Landlord and Tenant Board set aside the order dated ___ for the unit identified above."
3. Explain why you think the order should be set aside. The tenant sets out the grounds, for example: - there was no agreement or notice; - the signature was not theirs; - they did not breach the settlement conditions; or - why it would not be unfair to set the order aside.
4. Signature. Tick Tenant, Co-op Member or Representative, then name, phone and date.

Filing it

There is no fee. The LTB's forms page lists the S2 for filing on the Tribunals Ontario Portal. Once filed, the LTB schedules a hearing and issues a Notice of Hearing.

If you are the landlord responding

1. Stop enforcement. Once the motion is received the order is stayed (ss. 77(7), 78(10)). Do not ask the Sheriff to enforce it.
2. For an L3 order, bring the signed N11 or the tenant's N9 (or other written notice), proof of when and how you received it, and the affidavit you filed with the L3. If the tenant denies signing, be ready to prove the signature: emails, the circumstances of signing, and any witness.
3. Address the "not unfair" test. Explain why setting the order aside would be unfair to you, for example: - you re-rented the unit to a new tenant; - you arranged a sale or move-in in reliance on the notice; or - you incurred costs.

The LTB may not take into account changes in the tenant's circumstances after they signed or gave notice. 4. For an L4 order, bring the original settlement or order, your affidavit of breach, a ledger or other records showing each missed condition, and proof that the condition allowed an ex parte application (s. 78(1)–(2)). 5. Ask for a specific outcome. If the LTB lifts the stay, it can do so immediately or on a future date (ss. 77(8)(c), 78(11)(c)). Say which date you need and why.

Mistakes that get it refused, voided or dismissed

1. Filed more than 10 days after the order without an extension request filed with it (Rule 16.2).
2. Wrong remedy. An S2 against an order made after a hearing, or against an L1 order, is the wrong form.
3. Relying on new circumstances. For L3 orders, the LTB cannot consider changes in the tenant's situation after the agreement or notice (O. Reg. 516/06, s. 8.2(2)), so a motion that relies only on these may fail.
4. No reasons given. The form requires the tenant to explain why the order should be set aside.
5. Not served 48 hours before the hearing (Rule 5.11).
6. Not taken to the Sheriff. If the Court Enforcement Office does not know about the stay, the tenant risks enforcement.

What happens next

At the hearing the LTB either sets the order aside, so the original application continues or is dismissed and a new order is issued, or lifts the stay so the eviction can proceed on the date the LTB sets.

Recent changes

Effective September 21, 2026, s. 77(8)(b) of the RTA was amended to refer to prescribed circumstances, and new s. 8.2 of O. Reg. 516/06 sets the test for L3 orders. The LTB sets the order aside only if it would not be unfair to do so, and it may not consider changes in the tenant's circumstances after the agreement or notice. The S2 form itself (version 01/04/2022) was not reissued. See the LTB Operational Update.

Frequently asked questions

Does filing an S2 stop the eviction?

Yes. An L3 or L4 order is stayed once the LTB receives the motion, and it cannot be enforced until the LTB decides (ss. 77(7), 78(10)). The tenant must give the Sheriff a copy.

Can a tenant cancel an N11 they signed because they could not find a new place?

Under the September 2026 test, the LTB sets aside an L3 order only if that would not be unfair. It may not consider changes in the tenant's circumstances that arose after they signed the N11 or gave notice.

How long does a tenant have to file an S2?

Ten days after the order is issued, not counting the day of issue. If the last day falls on a weekend or a day the LTB is closed, it moves to the next day the LTB is open. A late motion must come with a request to extend time filed together with it (Rule 16.2).

Is there a fee for the S2, and how is it filed?

There is no fee. The LTB's forms page lists the S2 for filing on the Tribunals Ontario Portal, and the LTB then schedules a hearing and issues a Notice of Hearing, which must be served at least 48 hours before the hearing (Rule 5.11).

Can the S2 be used against an order made after a hearing?

No. The S2 is only for orders made without a hearing, such as L3 and L4 orders. An order made after a hearing is challenged with a Request to Review an Order, due within 15 days for orders issued on or after July 1, 2026.

Official sources

• Residential Tenancies Act, 2006, ss. 77, 78, 81
• O. Reg. 516/06, s. 8.2
• Motion to Set Aside an Ex Parte Order – Form S2 (PDF)
• LTB Rules of Procedure, Rules 1.14, 5.11, 16.2, 16.4, 25.1
• Legislation Act, 2006, s. 89
• Interpretation Guideline 10
• LTB Operational Update, September 21, 2026
• LTB Forms, filing and fees

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