The S3 is the Ontario Landlord and Tenant Board (LTB) form a landlord files to challenge an order that voided an eviction order for rent arrears. It is used when a tenant has told the LTB, without a hearing, that they paid everything owing before the eviction became enforceable, and the landlord says they did not.
At a glance
| Who uses it | The landlord (or co-op) named in an L1 eviction order that was voided without a hearing |
| When | After the LTB issues an order under RTA s. 74(6) confirming the eviction order is void (file number ending "-VO") |
| Deadline | 10 days after the order to void was issued |
| How it is filed | Tribunals Ontario Portal |
| Filing fee | No charge |
| Follow-on form | Request to Extend Deadline (if late); Certificate of Service if directed to serve |
What the S3 is for
An L1 eviction order for arrears becomes void if, before it is enforceable, the tenant pays the arrears, the extra rent that has come due, any NSF charges and costs ordered (RTA s. 74(4)). If the tenant pays it all to the LTB, staff simply issue a notice that the order is void (s. 74(5)). But if the tenant paid some or all of it directly to the landlord, the tenant can bring a motion without notice to the landlord, with an affidavit of the payments, and the LTB decides it without a hearing (s. 74(6)–(8)).
The S3 is the landlord's answer to that one-sided order. Within 10 days, on notice to the tenant, the landlord may move to set it aside (s. 74(9)). The LTB must then hold a hearing and (s. 74(10)):
- refuse to set it aside if the tenant paid the full amount before the eviction order became enforceable;
- refuse to set it aside if the tenant did not pay in time but has since paid the full amount; or
- in any other case, set aside the void order and confirm the eviction order is not void.
When to use it (and when not to)
- Use it when the void order was issued on the tenant's s. 74(6) motion and you have not received the full amount: a payment bounced, the tenant counted money that went to something else, or the affidavit overstates what was paid.
- Do not use it if the void order followed a hearing. The form says the S3 is only for orders made without a hearing; if there was a hearing, a Request to Review an Order is the route.
- Do not use it if the tenant paid the LTB in full. That produces a notice of void order under s. 74(5) and Rule 20.2, not an order under s. 74(6).
- Different motion: a tenant who pays after the order becomes enforceable but before eviction uses a different motion under s. 74(11), which is heard with notice to the landlord and is available once per tenancy agreement.
Deadlines and limitation periods
- 10 days after the date the order to void was issued (s. 74(9); form note 2). Calendar days; exclude the issue date; if the last day falls on a weekend or LTB holiday, file the next business day (Rules 1.12–1.14).
- Late? A Request to Extend Deadline can be made, but it must be filed together with the S3, absent exceptional circumstances (Rule 16.2).
- Service timing: this motion must be served at least 48 hours before the time set in the Notice of Hearing (Rule 5.11). The LTB normally serves the Notice of Hearing with the motion unless it orders a party to serve (Rule 5.1); check your Notice of Hearing for any direction to serve, and file a Certificate of Service if you serve it.
- Meanwhile: until the Board decides, the order voiding the eviction stays in effect (form note 3), so the eviction order cannot be enforced.
How to fill out the S3, section by section
The form in use is dated v. 01/04/2022 and fits on one page.
- File Number. Enter the void order's file number; it ends in "-VO".
- Between. Landlord or co-op name, and tenant or co-op member name, exactly as on the orders.
- Address of Rental Unit. The full address including unit number.
- "I, [name], am asking that the Landlord and Tenant Board set aside order -VO, dated ." Your name, the order number and its date.
- "I am filing this set aside motion for the following reasons." Be specific and arithmetical. Set out the amount the eviction order said was needed to void it (including any rent that came due since), each payment actually received with date, amount and method, any payment that was dishonoured, and the shortfall on the date the eviction order became enforceable. Explain where the tenant's affidavit is wrong. Bring the rent ledger and bank records as evidence for the hearing.
- Signature. Tick landlord, co-op or representative; add first name, last name and phone; sign and date.
Filing it
File the S3 through the Tribunals Ontario Portal. There is no fee. The LTB schedules a hearing once it is filed. Unlike a tenant's set-aside motion, the landlord does not have to take the S3 to the Court Enforcement Office (Rule 25.1).
Mistakes that get it refused, voided or dismissed
- Missing the 10 days. Without a timely S3 (or an extension request filed with it), the void order stands and the eviction order is gone.
- Using the S3 after a hearing. If the void order came after a hearing, the S3 is the wrong form; use a review request within the review deadline.
- Vague reasons. "The tenant did not pay" is weak. The Member must decide whether the full s. 74(4) amount was paid, so give the numbers.
- Forgetting new rent. The amount needed to void includes rent that would have come due up to the date of payment (s. 74(4)(b)). Many disputes turn on this.
- Ignoring later payments. If the tenant has since paid the full amount, the Board must refuse to set aside the void order (s. 74(10)(b)). Check your ledger before the hearing.
- Not proving service where you were directed to serve, or serving less than 48 hours before the hearing (Rules 5.11, 5.17).
- Filing the eviction order with the Sheriff anyway. Until the S3 is decided, the void order remains in effect.
What happens next
The LTB holds a hearing and decides under s. 74(10). If it sets aside the void order and confirms the eviction order is not void, you can proceed to enforce the eviction order with the Court Enforcement Office. If it refuses, the eviction order remains void and the tenancy continues.
Frequently asked questions
What is an "order to void" from the LTB?
An order under RTA s. 74(6) confirming that an L1 eviction order is void because the tenant paid everything owed, partly or wholly to the landlord, before the eviction order became enforceable. It is made without a hearing.
How long do I have to file an S3?
10 days from the date the order to void was issued (s. 74(9)).
Can I file an S3 if the tenant paid the LTB directly?
Generally no. Full payment to the LTB results in a staff notice that the order is void (s. 74(5)), not a motion order. If you believe the amount paid fell short, raise it with the LTB promptly, citing the file number and your calculation; the S3 is not the tool for that situation.
What evidence do I need at the S3 hearing?
Your rent ledger, bank deposit records, any NSF notices, the original eviction order showing the amount required to void, and proof of service if you served the motion.