You Got an N8 for Paying Rent Late Three Times — Can You Be Evicted?
Since 21 September 2026 Ontario has a hard definition of persistently late rent: more than seven days late, three or more times in six months. This guide exp...
Frequently Asked Questions
Can I be evicted for paying rent late three times in six months?
Possibly, but not automatically. Since 21 September 2026 the test is rent received more than seven days after the due date, at least three times in a six-month period. If each of your late payments was fewer than seven days late, the new definition is not met. Even where it is met, the Board must still consider under section 83 whether to refuse the eviction, and pay-on-time orders are a common outcome.
Does paying my rent up to date cancel an N8?
No. Unlike an N5, the N8 has no void provision, and the landlord can file the L2 application immediately. But catching up and staying current is still the most persuasive evidence you can bring to the hearing, because the Board has power under section 83 to refuse the eviction on conditions.
Do I have to owe rent for my landlord to serve an N8?
No. The LTB confirms the tenant does not have to owe rent at the time the application is made. An N8 for persistent late payment is about the pattern of lateness, not the outstanding balance. A landlord also cannot get a money order for rent on an application based only on persistent late payment.
How much notice must an N8 give me?
At least 60 days for a monthly or yearly tenancy, or 28 days for a daily or weekly tenancy. The termination date must also be the last day of a rental period or the last day of a fixed term. A date that falls mid-period is a defect the landlord cannot fix after serving the notice.
Can the Board give me extra time to move instead of evicting me?
It is harder than it used to be. Since 21 September 2026 the Board can only postpone enforcement if the landlord consents, or if it is satisfied both that a delay would not be unfair and that there are compelling grounds. The power to refuse the eviction outright, with conditions attached, was not restricted — which is why keeping the tenancy on terms is now usually the better thing to ask for.
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