The N8 is the notice an Ontario landlord uses to end a tenancy at the end of a rental period or fixed term for one of five reasons, the most common being that the tenant persistently pays rent late. Since September 21, 2026, a regulation defines persistent late payment: rent not paid within 7 days of the due date at least three times in six months. The N8 needs long notice (usually 60 days) and a termination date on the last day of a rental period, but you can file an L2 application as soon as it is served.
At a glance
| Who uses it | A landlord whose tenant persistently pays late, or who has one of four other end-of-term grounds (social housing qualification, employment, terminated condo purchase, care-home therapy period) |
| When | Once the ground exists; the tenancy ends only at the end of a rental period or term |
| Notice period / deadline | At least 60 days (monthly, yearly or fixed-term) or 28 days (daily or weekly), ending on the last day of a rental period or the term. Add days for mail or courier |
| How it is served | Given to each tenant by an approved method; never posted on the door |
| Filing fee | None for the notice. The L2 costs $201, or $186 on the Tribunals Ontario Portal |
| Follow-on form | L2, which you can file immediately and must file no later than 30 days after the termination date |
What the N8 is for
Section 58 of the Residential Tenancies Act, 2006 (RTA) lists four grounds for ending a tenancy at the end of a period or term, and s. 144 adds a fifth for care homes. They match the five reasons on the form:
- Persistent late payment (s. 58(1), para. 1). The tenant has persistently failed to pay rent on the date it becomes due. Under O. Reg. 516/06, s. 8.1(1), this includes failing to pay within seven days of the due date on at least three occasions within any six-month period, where each late payment was not solely the result of you applying a payment to another amount owed, such as arrears. The regulation is not exhaustive: the LTB may find persistent late payment in other circumstances (s. 8.1(2)).
- No longer qualifies for social housing (s. 58(1), para. 2). The unit is social housing described in paragraphs 1 to 4 of s. 7(1), and the tenant has ceased to meet the qualifications for occupying it.
- Employment ended (s. 58(1), para. 3). You provided the unit to the tenant during their employment, and the employment has ended.
- Condominium agreement terminated (s. 58(1), para. 4). The tenancy arose in good faith from an agreement of purchase and sale of a proposed condominium unit, and that agreement has been terminated.
- Care-home therapy period ended (s. 144). The tenant occupied a care-home unit solely to receive agreed rehabilitative or therapeutic services, the agreed period has expired, and no other tenant receiving those services may live there longer than the prescribed period (the form states 4 years).
The N8 cannot be voided. Paying the rent on time after receiving it does not cancel the notice, though the tenant can dispute it at the hearing.
When to use it (and when not to)
Use Reason 1 when the pattern is late payment rather than unpaid rent. If rent is still owing, you can also serve an N4: the LTB and the Divisional Court accept pursuing both at once, because unpaid rent is both late and in arrears (Guideline 10, citing Shearer v. Oz, 2026 ONSC 3753).
Do not use the N8 when:
- The tenant lost rent-geared-to-income (RGI) assistance. Section 58(3) says Reason 2 does not cover ceasing to be eligible for RGI assistance or failing to take steps to keep it. If the tenant then does not pay the new lawful rent, use an N4.
- The tenant is a superintendent whose employment ended. The N8 instructions say not to use the N8. If the superintendent has not moved out within seven days after the employment ended, you can file an L2 directly without a notice of termination.
- You need the unit for yourself or family, or to renovate. Those are N12 and N13 grounds with their own rules.
Deadlines and limitation periods
Termination date (RTA ss. 44 and 58(2)):
- Monthly tenancy: at least 60 days after you give the notice, and on the last day of a rental period (for rent due on the 1st, the last day of a month).
- Yearly tenancy: at least 60 days, on the last day of a yearly period.
- Fixed-term tenancy: given at least 60 days before the end of the term, effective on the last day of the term. The checklist says the date cannot be earlier than the last day of the lease term.
- Daily or weekly tenancy: at least 28 days, on the last day of a rental period (for rent due each Monday, a Sunday).
Counting. Exclude the day the notice is given and include the termination date (Rule 1.13). Add 5 days if you mail it (s. 191(3)). A couriered notice is deemed given the day after it went to the courier, or the next business day if that day is a Saturday, Sunday or holiday (Rule 3.9; Rule 1.1 defines "holiday" to include weekends); the instructions say to add one business day.
Example (from the instructions). A month-to-month tenancy, rent due on the 1st. Hand the N8 over on August 1 and the earliest termination date is September 30. Mail it on August 1 and it is deemed given August 6; 60 days from then lands in early October, so the earliest valid date is October 31.
Filing the L2. You can apply immediately after giving the notice (s. 71; N8 instructions), and you must apply no later than 30 days after the termination date (s. 69(2)). The N8 instructions do not mention this deadline, but the RTA applies it to every notice except non-payment of rent. An N8 with no application filed within that time becomes void (s. 46(1)).
How to fill out the N8, section by section
Download a fresh copy from the LTB forms page and read the official instructions. Remove the checklist before serving.
To, From and Address of Rental Unit
- To (Tenant's name): every tenant in possession, plus any subtenant or assignee.
- From (Landlord's name): you, or all landlords.
- Address of Rental Unit: street number and name, unit/apt./suite, municipality and postal code.
Termination date
A specific date (dd/mm/yyyy) that meets both tests: long enough (60 or 28 days, plus service days) and on the last day of a rental period or the end of the fixed term.
My Reason(s) for Ending your Tenancy
Check the box beside each reason that applies (Reasons 1 to 5 above).
Details About the Reasons for this Notice
Give dates and specific details. The instructions set out what each reason needs:
| Reason | Include |
|---|---|
| 1. Persistent late payment | When rent is due, the dates the tenant actually paid, the amounts not paid on time, and which periods those payments were for |
| 2. No longer qualifies for social housing | The date and the reason the tenant stopped qualifying |
| 3. Employment ended | The nature of the employment, the date it ended, and any other important details |
| 4. Condominium agreement terminated | The date the agreement of purchase and sale was made, the date it was terminated, and why |
| 5. Care-home therapy period ended | The services provided, what the agreement said, and when the agreed period ended |
For Reason 1, list each month's due date, the date payment was received and the amount, and do not count a payment that was late only because you applied it to older arrears.
Signature and Representative Information
Check Landlord or Representative, enter name and phone number, sign and date. A representative also completes name, LSO number (if applicable), company, mailing address, email and phone.
Serving it
The N8 instructions allow hand delivery to the tenant or an adult in the unit, leaving it in the mailbox or where mail is delivered, sliding it under the door or through a mail slot, fax, courier, or mail or Xpresspost. Email is allowed only if the tenant has consented in writing (Rule 3.1). Posting it on the door is not allowed.
Serve every tenant, keep a copy, and complete a Certificate of Service. Upload both with the L2, or within 5 calendar days of filing (Rules 4.4 and 4.5).
Mistakes that get it refused, voided or dismissed
A defective N8 cannot be amended after service (Guideline 10). Small errors that do not significantly prejudice the tenant can be saved under RTA s. 212, but a wrong termination date usually cannot.
- A termination date that is not the last day of a rental period. For rent due on the 1st, the date must be the last day of a month. Picking the 60th day without checking where the period ends is the most common N8 error.
- Too little notice. Under 60 days (or 28 for daily or weekly tenancies), or forgetting 5 days for mail or a business day for courier. The LTB cannot extend a notice period (Guideline 10).
- Ending a fixed-term lease early. For a fixed term, the date cannot be before the last day of the term.
- Reason 1 with no payment history. The tenant needs the due dates, payment dates and amounts to know the case. "Always late" is not enough.
- Counting payments that were only "late" because you applied them to older arrears. They do not count toward the three-in-six-months test (O. Reg. 516/06, s. 8.1). With fewer than three qualifying late payments, you are relying on the LTB's discretion to find persistence in other circumstances.
- Using Reason 2 because RGI assistance stopped. Section 58(3) does not allow it. Serve an N4 if the new rent goes unpaid.
- Using the N8 for a superintendent. The instructions say to file an L2 directly if the superintendent has not left within seven days after the employment ended.
- Reason 5 where other therapy tenants may stay longer than the limit. The ground requires that no such tenant is permitted to live there longer than the prescribed period.
- Filing more than 30 days after the termination date. The application must be dismissed (s. 69(2)). Because the N8's termination date is two months out, this deadline is easy to forget.
- The basics. Name and serve every tenant in possession, give the full unit address, use an approved service method, and sign it.
- Using an old version. The N8 was updated on September 21, 2026, to reflect the new persistent-late test, and previous versions will no longer be accepted as of November 30, 2026.
What happens next
File an L2 on the Tribunals Ontario Portal with the N8 and Certificate of Service, any time from service until 30 days after the termination date. The fee is $201, or $186 through the Portal.
At the hearing you must prove the ground, which for Reason 1 means a clear payment ledger and the tenancy agreement showing the due date. If the LTB orders eviction, the order will not require the tenant to move out before the termination date in your N8 (form, "What if the landlord applies to the LTB?").
The LTB must consider whether to refuse or delay eviction (RTA s. 83). Unless you consent, a delay now requires both that it would not be unfair to you or other tenants and that there are compelling grounds (O. Reg. 516/06, s. 8.4). A request to review an order issued on or after July 1, 2026 must be made within 15 days.
Recent changes
- September 21, 2026: the RTA now lets a regulation define persistent late payment (s. 58(1.1)), and O. Reg. 516/06, s. 8.1 does so: three payments more than 7 days late within six months, excluding payments that were late only because the landlord applied them to other amounts owing. Other circumstances can still qualify.
- September 21, 2026: the LTB issued an updated N8 form. Previous versions will no longer be accepted as of November 30, 2026.
- September 21, 2026: stricter test for delaying an eviction when the landlord does not consent.
- July 1, 2026: the deadline to request review of an LTB order dropped from 30 days to 15 for orders issued on or after that date.
Frequently asked questions
How many late payments count as "persistent" in Ontario?
The regulation in force since September 21, 2026 says it includes failing to pay within seven days of the due date at least three times in any six-month period, as long as each late payment was not caused solely by you applying a payment to other amounts owed. The LTB can also find persistent late payment in other circumstances.
Can the tenant cancel an N8 by paying on time from now on?
No. The N8 cannot be voided. On-time payment after the notice may be something the tenant raises at the hearing when the LTB considers whether to refuse or delay eviction under s. 83.
Can I serve an N4 and an N8 together?
Yes. The Divisional Court has confirmed that unpaid rent is both late and in arrears, so you may pursue both grounds at the same time or separately (Guideline 10).
What termination date do I use on a one-year lease?
The last day of the fixed term, with the notice given at least 60 days before it. If the lease has become month-to-month, use the last day of a monthly period at least 60 days away.
Official sources
- N8 form (PDF)
- N8 Instructions
- Residential Tenancies Act, 2006, ss. 43, 44, 46, 58, 69, 71, 83, 144, 191, 212
- O. Reg. 516/06, ss. 8.1, 8.4
- Interpretation Guideline 10: Procedural Issues Regarding Eviction Applications
- LTB Rules of Procedure
- LTB Operational Update, September 21, 2026
- Certificate of Service (PDF)
- LTB Forms, filing and fees