What Counts as Persistently Late Rent in Ontario Now?
Ontario finally has a written definition of persistently late rent, in force 21 September 2026: more than seven days late, three or more times in six months....
Frequently Asked Questions
What is the legal definition of persistently late rent in Ontario?
Since 21 September 2026, Ontario Regulation 516/06 provides that persistent failure to pay rent includes failing to pay within seven days of the due date on at least three occasions in any six-month period. Before that date the word persistently was undefined and decided case by case.
Does a payment that is three days late count against me?
Not under the new definition, which only counts occasions where rent was received more than seven days after the due date. However, the regulation is expressly not exhaustive, so a long-running pattern of shorter delays can still be argued as persistent under the general wording of section 58.
My landlord applied my rent to old arrears and now says I am late. Does that count?
It should not. The regulation excludes occasions where the failure to pay was solely attributable to the landlord applying a rent payment to another amount you owed, including arrears. Get the ledger, find out what each payment was applied to, and reconcile it against your own records.
Is the six-month period a calendar period?
No. It is any six-month period, so it rolls. A landlord can select the six months that best support their application, and late payments outside that window cannot be added to it.
If my landlord proves I was persistently late, am I automatically evicted?
No. Section 83 of the Act requires the Board to review all the circumstances and consider whether to refuse or delay the eviction, whether or not you ask it to. Refusing the eviction on condition that rent is paid in full and on time for a set number of months is a well-established outcome on these applications.
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