Landlord and Tenant Issues
Can a landlord evict a tenant for paying rent late again and again?
Last updated October 7, 2026.
Yes. An Ontario landlord can end a tenancy for persistent late payment of rent by giving the tenant an N8 notice with at least 60 days' notice (28 days for a daily or weekly tenancy), ending on the last day of a rental period or fixed term. Since September 21, 2026, paying rent more than seven days late at least three times in any six-month period counts as persistent. Only the Landlord and Tenant Board (LTB) can order the tenant out, after a hearing.
Late rent is different from unpaid rent. A tenant can be fully paid up today and still face an N8, and paying does not cancel the notice. Whether you are the landlord with a payment log or the tenant holding the notice, our page on landlord and tenant help in Hamilton explains how Carson Frankum, a licensed paralegal, handles LTB cases like this one.
How does an N8 eviction for late rent work, step by step?
The rules come from section 58 of the Residential Tenancies Act, 2006 (the Act), the new section 8.1 of Ontario Regulation 516/06, and the LTB's N8 instructions updated on September 21, 2026. The usual order of events is below.
- The landlord keeps an accurate record of each payment. The N8 instructions ask the landlord to list when rent was due, the dates it was paid, the amounts not paid on time and which periods those payments covered. Bank deposit dates and rent receipts are the usual proof.
- The landlord fills in the current N8 form. The LTB replaced the N8 on September 21, 2026 and says earlier versions will not be accepted as of November 30, 2026. The landlord ticks Reason 1 (persistent late payment) and gives the details, payment by payment.
- The landlord picks a valid termination date. For a monthly tenancy it must be at least 60 days after the notice is given and fall on the last day of a rental period, or on the last day of a fixed-term lease (ss. 44 and 58(2)). For a daily or weekly tenancy it is at least 28 days. The day of service does not count; add five days if the notice is mailed and one business day if it goes by courier.
- The landlord serves the notice. The LTB accepts handing it to the tenant or an adult in the unit, leaving it in the mailbox or where mail is normally delivered, sliding it under the door or through a mail slot, courier, mail, or fax in limited cases. Taping it to the door is not allowed.
- The landlord can file an L2 application right away. An N8 cannot be voided, so the landlord does not have to wait for the termination date (s. 71). The deadline is 30 days after the termination date (s. 69(2)); after that the notice is void (s. 46). The fee is $201, or $186 through the Tribunals Ontario Portal, and the landlord files the N8 and a Certificate of Service with it.
- The LTB schedules a hearing. Most LTB hearings are held by video. Both sides get a Notice of Hearing, and each side must share its evidence with the other before the hearing, generally at least seven business days ahead.
- The hearing. The landlord must prove the pattern of late payment. Even if the landlord proves it, the Board must review all the circumstances and decide whether to refuse the eviction or delay it (s. 83). It can also refuse on conditions, such as paying on time for a set number of months.
- Enforcement. If an eviction order is made and the tenant does not leave, only the Court Enforcement Office (the Sheriff) can carry it out (s. 85). The order expires if it is not filed with the Sheriff within six months after it takes effect (s. 81).
Every step above takes time, and the waiting periods add up. For the full calendar from notice to Sheriff, see how long an eviction takes in Ontario.
| Rule | What it says | Where it comes from |
|---|---|---|
| Ground for the notice | The tenant has persistently failed to pay rent on the date it becomes due | s. 58(1), para. 1 |
| What counts as persistent | Includes rent paid more than seven days after the due date at least three times within any six-month period; other patterns can also qualify | O. Reg. 516/06, s. 8.1 (in force September 21, 2026) |
| Payments that do not count | A payment that looks late only because the landlord applied it to another debt, such as arrears | O. Reg. 516/06, s. 8.1(1) |
| Minimum notice, monthly or fixed term | 60 days, ending on the last day of a rental period or of the term | ss. 44(2) to (4), 58(2) |
| Minimum notice, daily or weekly | 28 days, ending on the last day of a rental period | s. 44(1) |
| Can the tenant void it by paying? | No | LTB N8 instructions and brochure |
| Application and fee | L2, $201 or $186 through the Tribunals Ontario Portal | LTB fee schedule |
| Filing deadline | No later than 30 days after the termination date | s. 69(2) |
| Rent owing in the same order | Not available on an N8-only application; rent owing needs an N4 and L1, or an L9 | LTB brochure, How a Landlord Can End a Tenancy |
| Asking the LTB to review the order | Within 15 days of the order (orders made on or after July 1, 2026); fee $58 | s. 209(3); LTB fee schedule |
| Appeal | Divisional Court, within 30 days, on a question of law only | s. 210(1) |
What counts as "persistent" late payment now?
For years the Act did not define "persistent," and the Board decided each case on its facts. A 2025 amendment added section 58(1.1), which lets a regulation set the test, and the regulation took effect on September 21, 2026. Under section 8.1 of O. Reg. 516/06, persistent late payment includes a tenant failing to pay rent within seven days of the due date on at least three occasions within any six-month period.
Two details matter. First, the six months are "any" six months, so the window moves with the payments. Second, a late payment is not counted if the only reason it looked late is that the landlord applied a rent payment to something else the tenant owed, such as old arrears. If a landlord takes the March rent and books it against January's shortfall, March does not become a late payment for this purpose.
The test is not a ceiling. Section 8.1(2) says persistent late payment can arise in other circumstances, and the LTB's N8 instructions repeat that. A tenant who pays two or three days late every month for a year might still be found persistently late, even though no single payment was more than seven days behind. The Board looks at the whole pattern.
Should a landlord use an N8, an N4, or both?
They do different jobs. An N4 is about rent that is owed right now: for notices given on or after September 21, 2026 the termination date is at least 7 days away (s. 59(1)), and the tenant can void the notice by paying everything owed before the landlord files (s. 59(3)). An N8 is about the pattern, cannot be voided, and needs at least 60 days.
| Question | N4: non-payment | N8: persistent late payment |
|---|---|---|
| Does rent have to be owing? | Yes | No |
| Minimum notice | 7 days (notices given on or after September 21, 2026) | 60 days (28 for daily or weekly), ending at the end of a period or term |
| Can the tenant cancel it by paying? | Yes, before the landlord files | No |
| Earliest filing | The day after the termination date | Right after the notice is served |
| Filing deadline | None | 30 days after the termination date |
| Application | L1 (eviction and rent owing) | L2 |
The LTB's Interpretation Guideline 10 says a landlord may serve both at the same time, because the Divisional Court has confirmed that unpaid rent is both late and in arrears. The guideline also warns that notices a reasonable tenant would find confusing can be defective. A landlord who only wants the rent paid can file an L9 instead. Conduct problems such as damage or noise use yet another notice; see how an N5 notice and its seven-day chance to fix the problem work.
What changes the answer?
- When the late payments happened. The three-in-six-months test took effect on September 21, 2026 (O. Reg. 516/06, s. 8.1, made by O. Reg. 241/26). For payments before that date the Board still looks at the facts, as section 8.1(2) allows.
- How the landlord applied the money. Payments made late only because they were applied to arrears or another debt do not count (s. 8.1(1)).
- The landlord's own conduct. LTB Interpretation Guideline 7 lists a landlord not accepting or depositing rent in a timely way, or excusing other tenants for the same breach, as factors when the Board considers relief.
- Mandatory refusal. The Board must refuse the eviction if the landlord is in serious breach of its own obligations, or if the real reason for the application is that the tenant complained to a government authority, tried to enforce legal rights or joined a tenants' association (s. 83(3)).
- The tenant's situation. The Board can refuse an eviction if, having regard to all the circumstances, refusing would not be unfair (s. 83(1)(a)), and it can attach conditions to its order (s. 204(1)). Guideline 7 gives the example of a tenant who was late because of a lost job and has found new work.
- Delay is harder to get since September 21, 2026. Without the landlord's consent, the Board can postpone enforcement only if a delay would not be unfair to the landlord or other tenants and there are compelling grounds (O. Reg. 516/06, s. 8.4).
- The type of tenancy. A fixed-term lease means the N8 termination date must be the last day of the term, not just any month end (ss. 44(4) and 58(2)).
An LTB hearing is not the only way these cases end. Many are settled with a payment schedule or a move-out date; see how mediation at the LTB works before your hearing day.
A worked example
For example, imagine a Hamilton tenant named Dana who rents an apartment month to month, with rent due on the first. In the autumn of 2026 Dana pays on October 12, November 3, December 15 and January 10. The landlord's ledger shows that the October, December and January payments each came in more than seven days after the due date, all within six months. The November payment was two days late and does not count toward the three.
The landlord hands Dana an N8 on February 3, 2027. Counting 60 days from the day after service lands in early April, and the termination date has to be the last day of a rental period, so the earliest valid date is April 30, 2027. The landlord files an L2 in February with the notice and a Certificate of Service. The latest it could file is 30 days after April 30.
At the hearing, Dana does not dispute the dates. Dana explains that the late payments followed a job loss, shows a new pay schedule, and points out that February and March rent were paid on time. The Board could still end the tenancy. It could also refuse the eviction on the condition that rent is paid in full and on time for a set number of months, and if a condition like that is broken, the landlord can file an L4 without a new hearing (s. 78), within 30 days of the missed payment. Dana's case is hypothetical; real outcomes depend on the evidence and the member hearing it.
Common mistakes
- Using an N8 to collect money. An application based only on persistent late payment does not get an order for rent owing. If rent is owed, the landlord needs an N4 and an L1, or an L9.
- Counting the wrong payments. Landlords sometimes count a payment as late when they applied it to an older balance. Under section 8.1 those do not count, and a shaky count weakens the whole case.
- A termination date that is one day short. Forgetting to add five days for mail, or picking a date that is not the last day of a rental period or term, can make the notice invalid and force the landlord to start over.
- Filing too late. The L2 must be filed within 30 days after the termination date. Miss it and the notice is void (s. 46).
- Tenants assuming that catching up ends the problem. Paying everything owed does not cancel an N8. What helps is a steady record of on-time payments from now on and a clear explanation at the hearing.
- Changing the locks or cutting off access. A landlord who removes a tenant without a Board order and the Sheriff risks a tenant application and prosecution. The maximum fine for an offence under the Act is $100,000 for an individual and $500,000 for a corporation (s. 238).
What to do this week
- Pull the last 12 months of payment records: due dates, the dates money actually arrived, and how each payment was applied.
- Count only payments more than seven days late that fall within any six-month window, and set aside any that were applied to other debts.
- Landlords: download the current N8 from the LTB website (the September 21, 2026 version) and work out the termination date on a calendar before you sign it.
- Tenants: read the details section of the notice closely and write down anything that is wrong, such as a payment dated incorrectly or a payment that was on time.
- Tenants: set up a way to pay on or before the due date every month from now on, and keep proof of each payment.
- Both sides: watch for the Notice of Hearing, put the date in your calendar, and plan to share your evidence well before the deadline.
- If you want help with the notice, the application or the hearing, contact Cheddar Paralegal PC in Hamilton.
Good records decide most late-payment cases, so it is worth reading why documentation matters in landlord and tenant disputes before you gather yours.
Frequently asked questions
Do I have to move out by the date on an N8?
No. An N8 is the landlord's notice, not an order. If you do not move, the landlord has to apply to the LTB and prove its case at a hearing, and only the Sheriff can enforce an eviction order.
Can a landlord charge a late fee instead?
Generally not. The Act bars most extra charges (s. 134), and the only payment-related charges the regulation allows are the bank's NSF charge and an administration charge of up to $20 per NSF cheque (O. Reg. 516/06, s. 17). Our page on deposits and fees a landlord can charge covers the rest.
Can a landlord serve an N8 in the middle of a one-year lease?
Yes, but the termination date cannot be before the end of the lease. The date must be at least 60 days away and must be the last day of the fixed term (ss. 44(4) and 58(2)).
Does the landlord waive the N8 by accepting rent afterwards?
Not by itself. Section 45 says accepting arrears or compensation after a notice is given does not waive the notice or create a new tenancy unless the landlord and tenant agree otherwise.
What if the tenant agrees to leave?
The two sides can sign an agreement to end the tenancy on a set date instead of going to a hearing. Read how an N11 agreement to end a tenancy works before anyone signs, because it can lead to an eviction order without a hearing.
Can the landlord still claim unpaid rent after the tenant moves out?
Yes, within limits. A former tenant who still owes rent can be pursued at the LTB with an L10 application within one year of moving out; see recovering rent after a tenant moves out.
What if I disagree with the LTB's order?
A request to review an order made on or after July 1, 2026 must be filed within 15 days, and an appeal on a question of law goes to the Divisional Court within 30 days. Our page on what to do if you disagree with an LTB order explains both; the Divisional Court step needs a lawyer, not a paralegal.
Where are Hamilton cases heard?
Hamilton cases go to the LTB like any other in Ontario, mostly by video. See our page on the Landlord and Tenant Board for Hamilton rentals.
Sources
- Residential Tenancies Act, 2006 (Ontario e-Laws, current consolidation from September 21, 2026)
- O. Reg. 516/06, General, under the Residential Tenancies Act, 2006 (Ontario e-Laws)
- LTB instructions for the N8 Notice to End your Tenancy at the End of the Term (updated September 21, 2026)
- LTB operational update: legislative changes effective September 21, 2026 (Tribunals Ontario)
- LTB operational update: legislative changes effective July 1, 2026 (Tribunals Ontario)
- LTB brochure: How a Landlord Can End a Tenancy
- LTB Interpretation Guideline 7: Relief from Eviction
- LTB Interpretation Guideline 10: Procedural Issues Regarding Eviction Applications
- LTB instructions for the L2 Application to End a Tenancy and Evict a Tenant
- LTB forms, filing and fees (Tribunals Ontario)
- LTB application and hearing process (Tribunals Ontario)
- LTB brochure: If a Tenant Does Not Pay Rent
Facing a landlord-tenant issue? Contact us today for assistance.
This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.