Ontario Landlords: A Complete Guide to the N8 Notice for Persistent Late Rent (2025 Update)

When an N8 Notice Can Be Served

You may serve an N8 when:

• The tenant has repeatedly paid rent after the due date
• The late payments have occurred over several months
• The tenant's behaviour has caused financial or administrative strain
• The tenancy is a month-to-month or fixed-term arrangement
• The tenancy has been renewed or extended

Importantly:

• The tenant does not have to owe arrears at the time the notice is served
• The ground is based on pattern, not the amount owed

The N8 is often used when N4 notices have not changed the tenant's behaviour.

What Counts as "Persistent" Late Payment?

The RTA does not set an exact number, but LTB decisions typically consider:

• Number of late payments (e.g., 3–6 late months within a year)
• Severity of lateness (days or weeks)
• Whether the tenant has been warned previously
• Any payment plans entered into
• Whether late payment is habitual or isolated

The LTB examines overall behaviour, not isolated incidents.

How to Complete an N8 Notice Properly

A valid N8 must include:

1. Tenant Names

Exactly as they appear on the lease.

2. Rental Unit Information

Full address, including unit number.

3. Termination Date

Must be at least 60 days after service for most tenancies, ending on:

• The last day of a month (for monthly tenancies)
• The end of a fixed-term lease

4. Specific Details of Late Payments

Examples:

• Dates rent was due and dates actually paid
• Pattern of behaviour
• Impact on landlord (optional but helpful)

5. Signature and Date

Missing these makes the notice invalid.

The notice must be clear enough for the tenant to understand the reason for termination.

Proper Service of the N8 Notice

Service must comply with RTA section 191, including:

• Handing the notice to the tenant
• Leaving it in their mailbox
• Mailing or couriering it
• Posting it on the door (allowed for notices)
• Email only with written consent

You must complete a Certificate of Service after serving the notice.

Filing the L2 Application After the N8 Notice

If the tenant does not move out by the termination date, the landlord may file an L2 Application with the LTB^[2].

The L2 allows the landlord to request:

• Termination of tenancy
• Eviction order
• Compensation for unpaid rent (if included)

At the hearing, the landlord must prove:

• The tenant repeatedly paid late
• The behaviour is ongoing
• The tenancy cannot reasonably continue

What Happens at the N8/L2 Hearing

The LTB Member will consider:

• How many times the tenant paid late
• How late the payments were
• Whether the landlord warned the tenant
• Whether the behaviour improved
• The tenant's explanation (job loss, banking issues, emergencies)
• Whether the behaviour is likely to continue

Possible outcomes:

• Termination and eviction
• Refusal of eviction with or without conditions
• Payment plan order
• Order requiring timely payments moving forward

The LTB may issue a conditional order allowing the tenant to remain if they comply.

Common Mistakes to Avoid

Frequent errors include:

• Not keeping a detailed rent ledger
• Serving the wrong termination date
• Not allowing the proper notice period
• Not documenting previous late payments
• Not completing a Certificate of Service
• Using the N8 when the issue is actually arrears (should be N4)

Clear documentation of persistent lateness is essential^[3].

When to Seek Professional Assistance

Professional support is recommended when:

• There are multiple months of late payments
• The tenant disputes the payment history
• Rent was partially paid or paid through multiple methods
• The landlord wants to combine the N8 with monetary claims
• The matter has a long history of disputes
• The landlord wants to avoid dismissal due to procedural errors

A properly prepared N8 and L2 increases the landlord's chance of success.