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Persistently Late Rent: The N8 Eviction Process

They pay, but they always pay late. It's frustrating, unpredictable, and illegal. Here's how to use the N8 notice to stop the cycle.

8 min readPublished: February 2026

The "Slow Pay" Nightmare

Every landlord knows this tenant. They don't ghost you. They don't refuse to pay. But rent day comes and goes, and the money arrives on the 7th. Or the 15th. Or partially on the 1st and the rest on the 20th.

This isn't just annoying—it's a breach of contract.

Before Bill 60, you were stuck. You couldn't evict for non-payment (N4) because they were paying, eventually. Bill 60 changed the game by explicitly defining "persistent lateness" as grounds for termination.

What is "Persistent"? (The 3-Strike Rule)

The LTB has standardized the definition. Rent is persistently late if it is late three or more times in a 12-month period.

It doesn't have to be consecutive. January, March, and August? That's three strikes. You now have grounds for an N8.

What Counts as "Late"?

If the lease says the 1st, and they pay on the 2nd? That is late. If they pay at 12:01 AM on the 2nd? Late. There is no legal mandatory "grace period" in Ontario, unless you wrote one into your own lease.

The N8 vs. N4: Important Distinction

This is where landlords get confused.

N4 Notice

For Rent Arrears

  • Goal: Get paid or get them out.
  • Can it be voided? YES. If they pay, the notice dies.
  • Timeline: 14 days.

N8 Notice

For Chronic Lateness

  • Goal: End the behavior or the tenancy.
  • Can it be voided? NO. Payment doesn't fix the pattern.
  • Timeline: 60 days (end of term).

How to Win an N8 Case

N8 evictions are discretionary. The Adjudicator can say "No." To get them to say "Yes," you need impeccable records.

1. The Evidence Trail

You cannot just say "they are always late." You need a spreadsheet.

  • Column A: Due Date (e.g., Jan 1)
  • Column B: Payment Date (e.g., Jan 8)
  • Column C: Method (e.g., e-Transfer #12345)

Without this ledger, your case will be dismissed in 5 minutes.

2. The "Loss of Enjoyment" (Your Stress)

Tell the LTB why this matters. "I have to pay the mortgage on the 2nd. When they pay on the 8th, I get hit with NSF fees." Financial impact strengthens your case.

Don't Accept Partial Payments Without a Note

If they send $500 on the 1st and $1500 on the 10th, and you accept it silently, you might be establishing a "new normal." Always email: "I am accepting this partial payment, but the rent is still considered late. Please pay the balance immediately."

The "Second Chance" Reality

Expect the LTB to give the tenant one last chance. It's common for them to issue a "Section 83 Relief from Eviction" order.

Basically: "Tenant, if you are late ONE more time in the next 12 months, the Sheriff comes immediately."

This is actually a win. It puts the tenant on a strict probation order (Section 78 condition). If they miss a beat, you don't need a new hearing—you file for an expedited eviction order.

Can I Use N4 and N8 Together?

Yes. And you should.

If they owe you money right now (arrears) AND they are always late (persistent):

  1. Serve the N4 to demand the money.
  2. Serve the N8 to demand they leave at the end of the term.

This covers all your bases. If they pay the arrears, the N4 dies—but the N8 is still live, and you can still proceed to a hearing based on their history.

Frequently Asked Questions

Under Bill 60, persistently late rent is defined as a tenant paying rent late three or more times within a 12-month period. This gives landlords grounds to serve an N8 notice to terminate the tenancy, even if the tenant eventually pays the full amount owed.
Yes, if the tenant has paid rent late three or more times in the past 12 months. You can serve an N8 notice for persistent lateness. The tenant does not need to owe arrears—the pattern of chronic lateness alone is grounds for eviction under Bill 60.
The N8 is the Notice to End Tenancy for Persistent Late Payment of Rent. Landlords serve this notice when a tenant has paid rent late at least three times in 12 months. The N8 gives the tenant 60 days notice to either change their payment behavior or vacate.
Rent is late if it is not paid by the due date specified in the lease (typically the 1st of the month). Even one day late counts. However, many landlords set a grace period (e.g., 5 days) as a courtesy. For N8 purposes, "late" means after the lease-specified due date.
No. An N8 for persistent lateness and an N4 for non-payment of rent are separate grounds for eviction. You can serve both simultaneously if the tenant is both persistently late and currently in arrears, but each notice has different requirements.
If the tenant pays rent on time for the full 60-day notice period and continues paying on time, you may not have grounds to proceed with an eviction. However, if they pay late even once during or after the notice period, you can file an L2 application with the LTB.
The N8 cannot be "voided" like an N4 (where paying arrears voids the notice). However, if the tenant corrects their behavior and pays on time consistently, the LTB may refuse to evict. The tenant can argue they have reformed their payment habits.
You need documentation showing at least three late payments in 12 months. This includes rent ledgers, bank deposits, payment receipts, and dated records of when rent was due vs. when it was received. Clear, detailed records are critical.

Related Resources

N4 Notice Guide

When they stop paying entirely

LTB Hearing Survival

How to prep for your virtual hearing

Stop Chasing Cheques

OntarioLandlord tracks payment dates automatically. If they are late 3 times, we flag it and prep the N8 for you.

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