N8 - Persistent Late Payment
The N8 notice is used when a tenant has a repeated pattern of paying rent late — not a single missed payment, but an ongoing pattern over time (RTA s.58(2)).
Unlike an N4, an N8 cannot be voided by the tenant paying rent. The tenancy ends on the termination date unless the LTB orders otherwise — the notice is about the pattern, not the current balance.
When to use N8
Use an N8 when a tenant has repeatedly paid rent late — a single late payment (use N4 instead) isn't sufficient. The LTB looks for a demonstrable pattern; OntarioLandlord flags fewer than 3 late payments as likely insufficient, though the RTA itself doesn't set an exact minimum count.
Notice requirements
| Requirement | Details |
|---|---|
| Notice Period | 60 days (monthly or yearly tenancies); 28 days (daily or weekly tenancies) |
| Termination Date | Monthly+ tenancies must end on the last day of the rental period; daily/weekly tenancies don't require period alignment |
| Voiding | Cannot be voided by paying rent |
| Pattern required | A documented history of late payments — 3 or more instances in the past 12 months is treated as a safe threshold |
How to generate an N8
OntarioLandlord uses a 3-step notice wizard:
Step 1: Select property and lease
- Navigate to Notices → Generate Notice
- Select the property and lease
- Click N8 - Persistent Late Payment
Step 2: Review or enter late payment history
- If the lease has native payment data, OntarioLandlord shows a read-only table of late payments (period, due date, paid date, days late) computed from the rent ledger
- If there's no native payment data (e.g. a property-management lease without payment tracking), enter the number of times rent was paid late in the past 12 months manually
- Entering fewer than 3 late payments shows a warning that the LTB may not grant eviction on that pattern — you can still proceed, but strengthen your evidence first if possible
Step 3: Set termination date
The system calculates the earliest allowed date — 60 days out (28 for daily/weekly tenancies), aligned to the end of the rental period for monthly+ tenancies. You can choose a later date.
Step 4: Generate
Click Generate PDF to create the notice.
Filing with LTB
After serving an N8:
- File an L2 Application with the LTB
- Bring your late-payment documentation (ledger history, bank records, prior reminders)
- Attend the hearing
Documenting the pattern
For a strong case, document:
| Documentation | Examples |
|---|---|
| Payment dates | Rent ledger showing due date vs. actual paid date for each late instance |
| Count and spread | 3+ instances, ideally spread across the past 12 months rather than clustered once |
| Prior communication | Reminders or late notices you sent at the time |
Common questions
Can I use N8 for a single late payment?
No — a single missed or late payment is an N4 (non-payment) situation, not N8. N8 is specifically for a repeated pattern.
Does paying rent in full stop the N8?
No. Unlike N4, N8 is not voidable by payment — the notice addresses the pattern of lateness, not an outstanding balance.
What if I don't have exactly 3 late payments on record?
You can still generate the notice, but OntarioLandlord will warn that the LTB may not find the pattern sufficient. Strengthen your case with dates, ledger records, and any written reminders you sent at the time.
After generation
Once the N8 is generated, you can preview the PDF, e-sign it, email it to the tenant, and generate a Certificate of Service.