Landlord’s Motion to Set Aside an Order to Void in Ontario- Form S3

The document is a form titled “Landlord’s Motion to Set Aside an Order to Void – Form S3,” designed for landlords to request the Landlord and Tenant Board to reconsider a previously issued order that voided an eviction due to a tenant or co-op member claims of having paid the required amount to avoid eviction. It outlines the conditions under which a landlord can file this motion to set aside an order, the deadlines for filing, and what to expect at the hearing. It also includes sections for the landlord’s signature, contact information, and details about the confidentiality of information submitted through this form.

To successfully fill out the “Landlord’s Motion to Set Aside an Order to Void – Form S3,” follow these steps:

1. Landlord/Co-op Name: Enter the full legal name of the landlord or cooperative (co-op) association making the motion.
2. File Number: This should be the unique identifier assigned by the Landlord and Tenant Board to the original order you’re seeking to set aside. It typically starts with a sequence followed by “VO.”
3. Tenant/Co-op Member Name: Provide the full name of the tenant or co-op member associated with the order.
4. Address of Rental Unit/Co-op Member Unit: Fill in the complete address of the rental unit or co-op member unit in question, including apartment or unit number if applicable.
5. Details of the Order to Set Aside: Clearly state the order number you wish to set aside, along with its date. Explain that the order was issued because the tenant or co-op member claimed to have paid the full amount required to avoid eviction for arrears before you could file the eviction order with the Court Enforcement Office (Sheriff).
6. Reasons for Filing the Motion: Specify why you are requesting the board to set aside the order. This part requires a clear and concise explanation of your reasoning and any relevant details that support your case.
7. Important Information and Instructions:
   • Understand that you can only file this motion if the order to void the eviction was issued without holding a hearing.
   • The motion must be filed with the Landlord and Tenant Board no later than 10 days after the date of the order that voided the eviction.
   • Be prepared for a hearing where the Board will decide on the matter. Until then, the order voiding the eviction remains effective.
8. Signature and Contact Information:
   • First Name and Last Name: The landlord or the authorized representative of the co-op should print their name here.
   • Phone Number: Provide a contact number where you can be reached.
   • Signature and Date: Sign the form and enter the date in the format dd/mm/yyyy.

Remember, after you file the form, all information related to the proceeding may become publicly available unless a confidentiality order is sought.

For tenants, to avoid eviction for non-payment rent Ontario, they can pay all owed rent before the landlord files an application to the LTB, work out a payment plan, or attend the hearing to raise any concerns such as maintenance issues or the legality of the rent amount​. If the tenant does not pay the overdue rent or vacate the unit within the notice period, the landlord can then apply to the Landlord and Tenant Board (LTB) for an eviction order. This involves filing an L1 application (Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes). The application can be filed after the termination date provided in the N4 notice and the landlord must give 30 days notice in Ontario.

How Can You Pay Rent in Ontario?

In Ontario, there are several ways you can pay your rent, and it’s important to choose a method that both you and your landlord agree on. Common methods include:

• Cheque or money order
• Cash
• Debit or credit card
• Pre-authorized bank withdrawals
• Post-dated cheques
• Interac e-transfer