A tenant who pays rent but always pays it late creates a specific problem. You can’t serve an N4 because the rent eventually gets paid. But the Residential Tenancies Act does give landlords a path to address persistent late payment — and it starts with the N8 notice.

The N8: Persistent Late Payment

The N8 Notice to End Your Tenancy at the End of the Term can be served when a tenant has consistently paid rent late. Unlike the N4, the N8 doesn’t require rent to be currently outstanding — it’s based on a pattern of behaviour. To support an N8 application, you need to demonstrate multiple instances of late payment over time.

The 60-Day Notice Period

The N8 requires 60 days’ notice and must terminate on the last day of a rental period. Getting this date wrong voids the notice. Landlords frequently make errors calculating the correct termination date, which results in a dismissed application.

What Happens at the LTB

In persistent late payment cases, the LTB often issues a conditional order rather than an immediate eviction — the tenant gets a final chance to pay on time, with a breach leading to enforcement without another hearing. N8 hearings tend to be more fact-intensive than N4 hearings, which is why representation matters.

Building the Paper Trail

If you’re dealing with a chronically late-paying tenant, document everything now: every rent payment with the date received, every reminder sent, any bounced cheques. This becomes your evidence at the hearing.

Stonegate Legal Services handles N8 applications and full LTB representation for Ontario landlords. Book a free discovery call to talk through your situation. Also see: How long eviction takes in Ontario.