Tenant's Motion to Void an Eviction Order for Arrears of Rent: A Landlord's Guide

The Tenant's Motion to Void an Eviction Order for Arrears of Rent is the Ontario form a tenant files to have an L1 eviction order for unpaid rent declared void because they have paid everything the order requires. This page explains when that works, when it does not, and what the landlord can do.

At a glance

What the motion is for

Section 74 of the Residential Tenancies Act, 2006 (RTA) gives a tenant evicted for rent arrears a way to keep the tenancy by paying.

Before the order is enforceable (s. 74(4)–(6)). The order is void if the tenant pays the landlord or the LTB:

• the arrears;
• the rent that would have come due up to the payment date;
• NSF cheque charges and NSF administration charges allowed in the order; and
• the costs ordered.

If the tenant pays all of it into the LTB, the LTB issues a notice confirming the order is void, and no motion is needed (s. 74(5); Rule 20.2). If any part was paid to the landlord, the tenant files this motion, without notice to the landlord, for an order confirming the eviction order is void. The LTB decides it without a hearing (s. 74(6)–(8)).

After the order is enforceable but before it is enforced (s. 74(11)). The tenant pays the full amount, including all rent owing to the payment date, files the motion on notice to the landlord, and swears that the total paid is enough. The LTB then holds a hearing (s. 74(14)).

Limits.

• A motion after the enforceable date can be made only once during the tenancy agreement (s. 74(12)).
• The LTB must refuse to accept a s. 74(11) motion that does not meet every requirement (s. 74(11.1)).
• The LTB cannot void an order the Sheriff has already enforced, or if the tenant has moved out (form, page 2).

When to use it (and when not to)

The motion applies only to L1 eviction orders based on an N4. Ex parte L3 or L4 orders use the S2; other orders can be reviewed with a Request to Review an Order. Paying part of the amount does not void the order; partial payments into the LTB are returned to the tenant (Rules 20.3–20.6).

Deadlines and limitation periods

• Enforceable date. The order states when the Sheriff (Court Enforcement Office) may enforce it and the amount to pay before then. After that date the tenant must also pay all rent since come due.
• Service. A tenant's motion to void must be served at least 48 hours before the time set in the Notice of Hearing (Rule 5.11).
• Landlord's S3. The landlord has 10 days after a without-hearing order under s. 74(6) is issued to move to set it aside (s. 74(9)). A request to extend that time must be filed with the motion (Rule 16.2).
• Order expiry. An eviction order expires if not filed with the Sheriff within six months after it takes effect (s. 81). Guideline 10 says that period does not run while the order is stayed by an LTB motion.

How to fill out the motion, section by section

The form is version 15/12/2018. Pages 1–2 are information and the motion follows:

1. Between / File Number. Tenant's and landlord's names, unit address, and the LTB file number.
2. The request. "I, ___, am asking the Landlord and Tenant Board to determine that order ___ (file number), dated ___ is void."
3. Signature. Tenant or representative, name, phone, date.
4. Declaration for the Tenant's Motion. The tenant declares that all arrears, NSF charges, costs and all rent since the order have been paid. They then list only payments made after the hearing: amount, date, who was paid, and type (cash, cheque, money order). Payments before the hearing should already be reflected in the order.
5. Proof of payment. Receipts from the landlord or LTB trust deposit slips must be filed with it.

Sections 74(7) and 74(11) of the RTA refer to an affidavit, while the LTB's 2018 form uses a declaration. The declaration is enough: Rule 1.5 of the Rules of Procedure says that where the RTA requires an affidavit, the LTB will also accept a signed and dated declaration with the same information, as long as it confirms the information is true and acknowledges that a false declaration is an offence. Guideline 11 likewise refers to "a signed declaration or affidavit".

Filing it

There is no fee. The 2018 form says to file at an LTB office, by mail or courier, or at ServiceOntario. The LTB's current forms page lists this motion for filing on the Tribunals Ontario Portal. The RTA describes this as a motion to set aside the eviction order (s. 74(11)), so Rule 25.1 on set-aside motions applies: once it is filed and a Notice of Hearing and stay are issued, the tenant must immediately take copies to the Court Enforcement Office. If the LTB confirms the order is void, the tenant must take that notice or order there too (Rule 25.2).

If you are the landlord responding

1. Reconcile the money immediately. Compare the order amount, the rent that came due after the order, any NSF charges and costs allowed, and every payment received, by date. A shortfall of any size means the order is not void.
2. If you received a without-hearing order voiding the eviction and the tenant did not in fact pay in full before the enforceable date, file an S3 within 10 days. There is no fee. At the hearing the LTB will refuse to set the void order aside if the tenant paid in full in time, or has since paid in full (s. 74(10)).
3. If the tenant paid after the enforceable date, come to the hearing with your ledger and any Sheriff fees you paid. If you paid non-refundable enforcement costs, the LTB will specify them, and the order stays in force unless the tenant pays that amount into the LTB by the set date (s. 74(15)–(17)). If the motion fails, the LTB may order the tenant to repay those costs to you (s. 74(18)).
4. Check for a previous motion. If the tenant already brought an after-enforceable motion during this tenancy agreement, s. 74(12) bars another one. The original order should say so (s. 74(3)(c)).
5. Do not enforce while a stay is in place. A properly filed s. 74(11) motion stays the order (s. 74(13)).
6. Know the numbers before accepting money. Accepting arrears does not by itself reinstate the tenancy (s. 45), but receiving the full amount can void the order under s. 74.

Mistakes that get it refused, voided or dismissed

1. Not the full amount. Missing post-order rent, NSF charges or costs means the order is not void (s. 74(4), (11)).
2. Listing pre-hearing payments. These are already credited in the order. Double-counting them makes the declaration inaccurate.
3. Second after-enforceable motion in the same tenancy agreement. Barred by s. 74(12).
4. Affidavit or declaration does not meet s. 74(11). The LTB must refuse to accept the motion, and the stay does not take effect (s. 74(11.1), (13.1)).
5. Order already enforced, or tenant has left. The LTB cannot void it.
6. Enforcement costs not paid by the date in the order. The stay ends and the order may be enforced (s. 74(17)).

What happens next

If all payments were before the enforceable date, the LTB decides on the papers and the landlord may respond with an S3. Otherwise the LTB holds a hearing and either declares the order void (subject to any enforcement costs) or lifts the stay (s. 74(14)).

Frequently asked questions

Can a tenant stop an eviction for rent by paying after the order?

Yes. Before the enforceable date, by paying the full amount in the order plus rent since. After that date, by paying everything owing and filing this motion, but only once per tenancy agreement and only before the Sheriff enforces the order.

Who pays the Sheriff's fee if the order is voided?

On an after-enforceable motion, the LTB specifies non-refundable enforcement costs the landlord paid, and the tenant must pay them into the LTB by a set date for the void to take effect (s. 74(15)).

Is there a fee, and how is the motion filed?

There is no fee. The LTB's current forms page lists the motion for filing on the Tribunals Ontario Portal, while the 2018 form itself names an LTB office, mail, courier or ServiceOntario. File the declaration and proof of payment with it.

Can the landlord challenge an order confirming the eviction order is void?

Yes. Where the LTB voids the order without a hearing under s. 74(6), the landlord has 10 days after that order is issued to file an S3 Motion to Set Aside an Order to Void (s. 74(9)). A request to extend that time must be filed with the motion (Rule 16.2).

Can a tenant use this motion more than once?

A motion after the enforceable date can be made only once during the tenancy agreement (s. 74(12)). Paying before the enforceable date is not limited in the same way.

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