Persistent Late Payment of Rent

When Can a Landlord Use an N8?

By Puneet Shroff

Late rent is one of the most common issues faced by Ontario landlords. While a single missed payment is usually dealt with through the non-payment of rent process, a tenant who repeatedly pays rent late may create a different problem: persistent late payment of rent.

In Ontario, landlords may be able to use an N8 Notice to End a Tenancy at the End of the Term where a tenant has developed a pattern of paying rent late, even if they eventually catch up.

There is no simple rule that one or two late payments will automatically justify eviction. The Landlord and Tenant Board will look at the overall pattern. Important factors may include how often rent was late, how late the payments were, whether the tenant was warned, whether the conduct continued, and whether the landlord kept proper records.

For landlords, documentation is critical. A landlord should keep a clear rent ledger, copies of notices, payment records, emails, text messages, and any written warnings sent to the tenant. If the matter proceeds to the Landlord and Tenant Board, the landlord will need to prove that the late payments were not isolated or accidental, but part of a repeated pattern.

Landlords should also be careful to choose the correct process. If the tenant currently owes rent, an N4 may be appropriate. If the main issue is an ongoing history of late payment, an N8 may be the better option. In some cases, both rent arrears and persistent late payment issues may need to be considered strategically.

Landlords should also be aware of upcoming changes under Bill 60, the Fighting Delays, Building Faster Act, 2025. Bill 60 is expected to bring greater clarity to persistent late-payment cases by allowing regulations to define what constitutes a persistent failure to pay rent on time. This may give landlords, tenants, and the Landlord and Tenant Board clearer guidance on when an N8 is appropriate. Until the regulations and implementation details are finalized, landlords should continue to focus on strong documentation and proper legal advice before proceeding.

An N8 is technical and must be completed and served properly. The termination date must also comply with the rules under the Residential Tenancies Act. Mistakes with the form, timing, or evidence can result in delay or dismissal of the application.

If your tenant repeatedly pays rent late, Sorbara Law can assist with reviewing the payment history, advising on whether an N8 is appropriate, preparing the necessary documents, and representing you before the Landlord and Tenant Board.