What is the N8 form used for in Ontario?

Form N8 — 'Notice to End your Tenancy at the End of the Term' — is the LTB notice a landlord serves to end a tenancy at the end of its term for certain reasons. By far the most common ground is persistent late payment of rent: the tenant pays, but repeatedly pays late.

How much notice does an N8 require?

At least 60 days for monthly or yearly tenancies, and the termination date must be the last day of a rental period (or the last day of a fixed term). Daily and weekly tenancies require at least 28 days, ending on the last day of a rental week.

What detail does the N8 need about the late payments?

Specific dates. The Divisional Court held in Ball v. Metro Capital Property that a notice must set out the details of the alleged conduct — for an N8, that means listing when each rent payment was due and when it was actually paid. A notice that just says 'you always pay late' is defective.

Does the N8 evict the tenant by itself?

No. If the tenant doesn't move out by the termination date, the landlord must file an L2 application with the LTB and win an eviction order at a hearing. The L2 must be filed no later than 30 days after the N8's termination date — miss that window and the notice is void.

Should I serve an N4 or an N8 for late rent?

Both, in different situations. The N4 addresses rent that is owing right now — it's voidable if the tenant pays in full. The N8 addresses a pattern of chronic lateness even when the tenant eventually pays — it is not voidable by payment. Many landlords serve N4s month by month as rent goes late, and that dated record becomes the evidence for an N8 case.

N8 Form Ontario: Ending a Tenancy for Persistent Late Rent

Q: How many late payments count as 'persistent'?

Historically the LTB decided case-by-case — a pattern of lateness over consecutive or frequent months, with no fixed number. Bill 60's September 21, 2026 changes introduce a statutory definition, expected to treat rent as persistently late at three or more late payments within 12 months. Confirm the current standard with the Landlord and Tenant Board before serving.

The N8 is the notice for the tenant who always pays — late. This guide covers when lateness becomes "persistent," the 60-day end-of-term date math, the payment-history detail the notice must contain, and the L2 application that actually ends the tenancy.

Rent unpaid right now? That's the N4 form — the N8 is for a pattern of late payments, not current arrears. Many situations call for serving N4s month by month while the N8 record builds.

What Is the N8 Form?

The N8 form — officially "Notice to End your Tenancy at the End of the Term" — ends a tenancy at the end of its term for specific statutory reasons. For landlords, the ground that matters in practice is persistent late payment of rent: the tenant keeps the arrears near zero but pays after the due date, month after month. Unlike the N4, the N8 is not voided by payment — catching up on rent doesn't erase the pattern.

What Counts as "Persistent"?

Historically the LTB assessed this case-by-case — a sustained pattern (for example, late most months over a year) rather than any fixed number. The Bill 60 changes effective September 21, 2026 introduce a statutory definition, expected to treat rent as persistently late at three or more late payments within 12 months. Confirm the current standard with the Landlord and Tenant Board before serving — this guide describes the rule as announced, and the Board's guidance governs. (Background: our Bill 60 guide.)

The 60-Day, End-of-Term Date Math

Monthly or yearly tenancy: at least 60 days' notice, and the termination date must be the last day of a rental period (or the last day of a fixed term).
Daily or weekly tenancy: at least 28 days, ending on the last day of a rental week.
Example: for a monthly tenancy with rent due on the 1st, an N8 served October 20, 2026 can't terminate before December 31, 2026 — the first period-end at least 60 days out.

The Detail Requirement: List Every Late Payment

The Divisional Court's decision in Ball v. Metro Capital Property requires termination notices to particularize the conduct — for an N8, that means a dated list: when each payment was due, and when it actually arrived. "The tenant is always late" is a defective notice. This is where a clean payment record decides the case: a rent ledger showing due dates and payment dates for every period is both the notice's source material and the hearing evidence.

After the N8: The L2 Application

The N8 doesn't end the tenancy by itself. If the tenant doesn't move out by the termination date, you file an L2 application with the LTB — no later than 30 days after the N8's termination date, or the notice is void and the process starts over. At the hearing you'll need the served N8, a Certificate of Service, and the payment history behind every late month. The Board can also consider relief from eviction, so the record has to hold up on its own.

Common N8 Mistakes

A termination date mid-period. The date must be the last day of a rental period or term — not just "60 days from today."
No particulars. Missing due-date/paid-date details for each late month makes the notice defective (Ball v. Metro Capital).
Filing the L2 late. More than 30 days after the termination date and the N8 is void.
A thin pattern. One or two late months has rarely succeeded; know the current threshold before serving.
No contemporaneous record. Reconstructing payment dates from memory at the hearing rarely survives cross-examination — keep the ledger as you go.

N8 Form FAQs

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Related Guides

Disclaimer: This guide is document-preparation information, not legal advice. N8 and L2 rules are governed by the Residential Tenancies Act, 2006 and Landlord and Tenant Board practice, and the persistent-late-payment standard is changing under Bill 60. Consult a licensed paralegal or lawyer for advice specific to your situation.