N8 Notice: Persistently Late Payment of Rent in Ontario

When Can a Landlord Issue an N8?

A landlord can issue an N8 when the tenant has persistently failed to pay rent on time. There is no fixed number of late payments required, but LTB Members typically look for a pattern over several months — often 3 or more consecutive late payments.

Notice Period

The N8 terminates the tenancy at the end of the rental period (the last day of the month or term). The minimum notice required is:

• Daily / weekly tenancies: 28 days' notice.
• Monthly / fixed-term tenancies: 60 days' notice, terminating on the last day of a rental period.

The N8 Cannot Be Voided

Unlike the N4 (non-payment), there is no right to void an N8 by paying arrears. The issue is the pattern of behaviour. However, the landlord must still file an L2 application and obtain an LTB order before eviction can occur.

What Happens at the LTB Hearing?

The LTB Member will consider:

• How many times rent was late and by how much.
• Whether the landlord suffered any loss or hardship.
• Whether the tenant has since paid on time (evidence of improvement).
• Whether there was a legitimate reason for the lateness (e.g., banking issues, disability).

The Member has discretion. If the tenant can show the problem is resolved, the LTB may dismiss the application or issue a conditional order (pay on time going forward or face eviction without a new hearing).

Tenant Defences

• Show rent is now being paid on time consistently.
• Set up automatic payments.
• Demonstrate the landlord is not prejudiced by the late payments.
• Challenge the accuracy of the landlord's payment records.