How to Evict a Tenant for Chronic Late Payment in Ontario
A tenant who always pays, just never on time, can be as draining as one who doesn’t pay at all. Ontario landlords can end the tenancy for persistent late payment with an N8, and since September 21, 2026, the law spells out what “persistent” means. Here is how it works.
Key points
- The N8 is the Notice to End your Tenancy at the End of the Term. Persistent late payment is one of its reasons.
- Since September 21, 2026, rent is persistently late when it’s received more than 7 days after the due date at least 3 times within 6 months.
- For a monthly tenancy, the termination date must be at least 60 days after service and on the last day of a rental period or term.
- Paying the rent doesn’t void an N8. A detailed payment record is your strongest evidence.
Some tenants pay every month, just late. Serving an N4 each time often doesn’t solve the problem, because paying voids the notice. For a pattern of late payment, Ontario law provides a different tool: the N8.
What persistent late payment means
Bill 60 added a clear test that took effect September 21, 2026. A tenant is considered to have persistently paid late when rent is received more than 7 days after the due date, at least 3 times within a 6-month period.
- A payment isn’t counted as late if you applied it to another amount the tenant owed, such as arrears.
- A tenant can still be found persistently late in other circumstances, so a pattern that doesn’t fit the 3-in-6 test isn’t automatically ruled out.
The N8 notice
The form is called the Notice to End your Tenancy at the End of the Term, and persistent late payment is one of the reasons you can choose on it. For a monthly tenancy, the termination date must be at least 60 days after service and on the last day of a rental period, or the end of a fixed term. Daily or weekly tenancies need at least 28 days. Unlike an N4, the tenant can’t void it by paying. If the tenant doesn’t move out, you file an L2 application. The N8 was updated on September 21, 2026, and older versions won’t be accepted after November 30, 2026.
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| Record | Why it matters |
|---|---|
| Rent ledger with due dates and the date each payment was received | Shows which payments were more than 7 days late |
| Bank statements or e-transfer records | Proves when payments actually arrived |
| How each payment was applied | Payments applied to arrears don’t count as late |
| Past N4s and messages about late rent | Shows the tenant knew the rent was late |
At the hearing
Bring an organized ledger that clearly shows each late payment and the 6-month window. The Board can still consider whether to refuse or delay an eviction, but since September 21, 2026, it can only delay an eviction you don’t agree to if a delay wouldn’t be unfair to you or other tenants and there are compelling reasons. See how to prepare for an LTB hearing.
Frequently asked questions
How many late payments do I need for an N8?
Since September 21, 2026, rent received more than 7 days late at least 3 times within 6 months counts as persistent late payment. Other patterns may also qualify.
What is the N8 form called?
Notice to End your Tenancy at the End of the Term. Persistent late payment is one of the reasons on the form.
How much notice does an N8 need?
For a monthly tenancy, at least 60 days, ending on the last day of a rental period or the end of a fixed term.
Can the tenant void an N8 by paying?
No. Paying rent doesn’t void an N8.
Does a payment applied to arrears count as late?
No. A payment isn’t counted as late if the landlord applied it to another amount owed, such as arrears.
About Bita Di Lisi
Bita is the lead paralegal at Stonegate Legal Services and is licensed by the Law Society of Ontario. She represents Ontario landlords at the Landlord and Tenant Board and teaches landlords and investors about notices, LTB timelines and the mistakes that cost months.
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