In Ontario, you have the legal right to completely stop an eviction for non-payment of rent by paying your total arrears and the landlord’s LTB fees before the Sheriff arrives. Once you pay the full amount, you must immediately file a “Tenant’s Motion to Void an Eviction Order” to legally secure your home.
Falling behind on rent is incredibly stressful, and opening the mail to find an official Eviction Order from the Landlord and Tenant Board (LTB) can cause sheer panic. Many renters mistakenly believe that once the adjudicator signs the order, their fate is sealed and they must move out immediately. 📝
Fortunately, the Residential Tenancies Act (RTA) strongly favours keeping people housed. Under Ontario law, if your eviction is based strictly on non-payment of rent (an L1 application), you almost always have a last-minute opportunity to “pay and stay.”
This guide will explain exactly how to calculate the money you owe, the critical steps for filing a Motion to Void with the LTB, and how to notify the Court Enforcement Office (the Sheriff) to stop the physical lockout. We will also outline when a local law firm might be necessary to help you file the emergency paperwork.
Step-by-Step Process in Ontario
Whether you rent an apartment in Hamilton, a basement in Mississauga, or a townhouse in London, the rules for voiding an eviction order are strictly enforced. You are in a race against the clock, and you must act decisively before the Sheriff changes your locks. 📍
Do not simply hand the landlord cash and assume the problem is solved. You must follow the exact legal procedure to ensure the LTB formally cancels the order.
Step 1: Calculate the Exact Amount Owed
Read your Eviction Order very carefully. The order will state a specific dollar amount you owe up to the date of the hearing. However, you must also pay any new rent that has become due since the hearing occurred. ❗
The total amount to void the order usually includes: the rent arrears, any new monthly rent that came due, the landlord’s $186 LTB filing fee, and any NSF cheque charges listed in the order. If you are short by even one dollar, the LTB can refuse to void the eviction.
Step 2: Pay the Landlord and Get Proof
You must pay the landlord the full calculated amount immediately. It is absolutely vital that you use a traceable payment method.
Do not pay in cash unless the landlord immediately signs a detailed receipt. The best methods are Interac e-transfers, certified cheques, or bank drafts. Take screenshots of the completed e-transfer or keep the bank receipt, as this is your ultimate proof for the LTB.
Step 3: File the Tenant’s Motion to Void
Paying the landlord does not automatically stop the Sheriff. You must log into the Tribunals Ontario Portal and file a form called the “Tenant’s Motion to Void an Eviction Order for Arrears of Rent.” 💪
You must attach your proof of payment (the bank receipts) to this motion. A dedicated LTB adjudicator will review your motion quickly. If they agree that the full amount was paid, they will issue a new order stating that the eviction is voided.
Step 4: Inform the Sheriff’s Office Immediately
If the Sheriff has already posted a Notice to Vacate on your door, you must contact their office immediately. Do not wait for the LTB to notify them, as administrative delays can result in an accidental lockout.
Email or fax the Sheriff’s office a copy of your filed Motion to Void and your payment receipts. Once the LTB issues the official “Void Order,” send that to the Sheriff as well. The Sheriff will then cancel the physical lockout.
How Much Does it Cost in Ontario?
Saving your tenancy from an L1 Eviction Order requires gathering enough funds to clear your entire debt at once. There are no additional LTB fees to file the motion to save your home. 💰
Here is a breakdown of the costs you must cover to void the eviction:
| Action / Expense Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Total Rent Arrears & New Rent | The full amount owed | Tenant pays the Landlord |
| Landlord’s LTB Filing Fee | $186 (Usually) | Tenant reimburses Landlord |
| Sheriff Enforcement Fee | Approx. $315+ (If already filed) | Tenant must pay if requested |
| Filing the Motion to Void | $0 (Free to file) | No fee required |
If you hire a local law firm or paralegal to ensure the complex math is perfectly correct and the emergency motion is filed flawlessly, expect to pay them a flat fee ranging from $500 to $1,500 out of pocket.
How Long Does the Process Take?
You are in a severe time crunch. After an Eviction Order is issued, you typically have until the specified termination date (usually 11 days) to pay and stay effortlessly. ⏱
If you miss the termination date, you can still void the order, but you must do it before the Sheriff physically arrives to change the locks. Depending on the city, the Sheriff generally takes 2 to 4 weeks to schedule the lockout.
Once you file the Motion to Void online, an adjudicator typically reviews the receipts and issues a decision within 1 to 3 business days. However, your filing alone is usually enough to temporarily pause the Sheriff’s action.
Frequently Asked Questions (FAQ)
What if the landlord refuses to accept my payment?
If the landlord deliberately blocks your e-transfer or refuses to accept a certified cheque to force the eviction, you must still file the Motion to Void. You will explain to the LTB that you attempted to pay in full but the landlord refused. The LTB usually allows you to pay the money directly into their trust account instead.
Can I void an eviction for an N12 (Personal Use)?
No. The “pay and stay” rule and the Motion to Void only apply to evictions based on rent arrears (N4 / L1 applications). If you are evicted for the landlord’s personal use, bad behaviour, or illegal acts, paying money will not stop the Sheriff.
What if I can only pay 90% of the arrears?
The LTB is incredibly strict about this. To void the order, every single cent listed on the Eviction Order, plus any new rent, must be paid. If you are short by even a few dollars, the adjudicator will legally reject your motion and the eviction will proceed.
Can I file the Motion to Void after the locks are changed?
Generally, no. Once the Sheriff successfully executes the physical lockout, your tenancy is legally terminated forever. It is almost impossible to reverse the process at that stage, which is why you must file the motion before the Sheriff arrives.
Do I need a lawyer to file a Motion to Void?
If your situation is straightforward and you have clear e-transfer receipts, you can easily file the motion yourself. However, if the math is highly complicated, or if the landlord is disputing the payment, a local paralegal or law firm can draft the motion to ensure it is accepted without delay.
Leave a Reply