Back to Guides
Bill 60 Update

Persistently Late Rent: The N8 Eviction Process

They pay, but they always pay late. It's frustrating, unpredictable, and illegal. Since September 21, 2026 the LTB has a fixed definition: more than 7 days late, 3 or more times in 6 months. Here's how to use the N8 notice to stop the cycle.

8 min readLast updated: September 21, 2026
Share:

The persistent-lateness definition is now in force

Bill 60 received Royal Assent on November 27, 2025, and the LTB confirmed the definition of “persistently late” rent in its operational update effective September 21, 2026: rent received more than 7 days after the due date, at least 3 times within any 6-month period, unless you applied the late payment to another amount the tenant owed (such as arrears). That is a shorter window than the 12-month count landlords had been expecting. Lateness patterns that don't meet this fixed count can still support an N8 under the LTB's older case-by-case standard. See every 2026 RTA change →

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.

You can't evict for non-payment (N4) when they are paying, eventually. But persistent lateness is its own ground: the N8 already exists under the current Residential Tenancies Act for exactly this pattern. Since September 21, 2026, Bill 60 has added a fixed numeric definition of "persistent." The framework below covers that confirmed rule and how to build your case around it.

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

Under the current Residential Tenancies Act (section 58), the LTB used to decide whether a tenant's lateness was "persistent" purely on a case-by-case basis. Since September 21, 2026, the LTB has confirmed a fixed count: rent is treated as persistently late if it is received more than 7 days after the due date, at least three times within any 6-month period, unless you applied that late payment to another amount the tenant owed, such as arrears.

The lateness doesn't have to be consecutive. January, March, and June, each more than 7 days late, would be three strikes inside a 6-month window and clear grounds for an N8. The LTB's own operational update says a tenant "may also be found to have persistently failed to pay their rent on the date it became due in other circumstances," so a pattern that doesn't hit the fixed count, for example late payments spread across 8 months, can still support an N8, weighed case-by-case under the older standard rather than the fixed count.

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. For the LTB's official persistent-lateness count specifically, only payments received more than 7 days after the due date count toward the 3-in-6-months total; a payment 1 to 7 days late is still late, but it won't add to that particular count.

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: 7 days after the notice counts as given, for an N4 served on or after September 21, 2026 (12 from the day you mail it).

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.

Delaying the Eviction Itself Is Also Harder Now

This is a separate point from the section 83 relief above: it's about postponing the eviction order after the LTB has already decided to evict. Since September 21, 2026, if a hearing was held on your eviction application, the LTB can only delay carrying out the eviction if you agree to it, or if it's satisfied the delay would not be unfair to you or other tenants in the building and there are compelling reasons to delay. Before this change, a delay was easier for a tenant to get; now both conditions have to be met unless you consent.

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

As of September 21, 2026, the LTB has an official definition: rent is persistently late when it is received more than 7 days after the due date, at least 3 times within any 6-month period, unless the landlord applied that late payment to another amount the tenant owed, such as arrears. Before that date the LTB decided "persistent" case-by-case under section 58 of the Residential Tenancies Act; that case-by-case standard still applies to patterns that don’t meet the new fixed count.
Yes. If a tenant is repeatedly late, you can serve an N8 notice for persistent lateness, and the tenant does not need to owe arrears for the N8 to apply. The pattern of chronic lateness alone is grounds. Since September 21, 2026, the LTB defines the threshold as rent received more than 7 days late, at least 3 times in any 6-month period. A pattern that doesn’t hit that count can still support an N8 under the LTB’s existing case-by-case assessment.
The N8, officially titled Notice to End your Tenancy at the End of the Term, is what landlords serve when a tenant has been persistently late with rent (among other end-of-term grounds). It gives the tenant 60 days notice, ending at the end of a term, to either change their payment behaviour or vacate. Since September 21, 2026, "persistent" has an official LTB definition: rent received more than 7 days late, 3 or more times in any 6-month period. The N8 form itself was also replaced that day; the previous version is rejected as of November 30, 2026.
For general purposes, rent is late the moment it misses the due date specified in the lease (typically the 1st of the month); even one day late counts, and there is no legal mandatory grace period in Ontario unless your lease creates one. But for the LTB's official persistent-lateness count specifically (the fixed 3-times-in-6-months test), only a payment received more than 7 days after the due date counts toward that total. A payment 1 to 7 days late is still late, but it will not add to the fixed count, though it can still support an N8 under the LTB's older case-by-case standard.
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 establishing a clear pattern of late payments, ideally enough to meet the official 3-times-in-6-months test on its own. This includes rent ledgers, bank deposits, payment receipts, and dated records of when rent was due vs. when it was actually received (more than 7 days late is what counts toward the count). Clear, detailed records are critical whether you're relying on the fixed 6-month count or an older pattern under the LTB's case-by-case standard.

Related Resources

N4 Notice Guide

When they stop paying entirely

LTB Hearing Survival

How to prep for your virtual hearing

Fill it in online

N8 Persistent Late Rent

Lists the late payments the way the LTB asks, and lands the date on a period end.

$19

Found this helpful? Share this guide

Stop Chasing Cheques

OntarioLandlord tracks payment dates automatically. If they hit the LTB's 3-in-6-months threshold, we flag it and prep the N8 for you.

Start your free trial