TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Licensed by the Law Society of OntarioFlat fees published upfrontWe reply to messages within 1 business daySign in
Home/Articles/Real Estate
№ 22 Real Estate

N8 Notice in Ontario: When a Landlord Can End a Tenancy at Term's End

Learn which reasons allow an N8 notice in Ontario, how persistent late rent is tested after September 21, 2026, and how a tenant can respond.

Real Estate5 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
← All articles
Key takeaways
  • An N8 ends a tenancy at the end of its term, and a landlord cannot use it to end a fixed term early.
  • The N8 grounds are loss of subsidized housing eligibility, a failed condo purchase, ended employment, persistent late rent and the end of a rehabilitative or therapeutic tenancy.
  • Illegal acts are not an N8 ground; they use a different form, the N6.
  • An N8 has no cure period, but a tenant can dispute it at the hearing, where the landlord must prove the tenant should be evicted.

Getting an N8 can feel like the end of your home, or, if you are a landlord, like the only tool you have. In fact an N8 is a narrow form. It can be used only for a short list of reasons, and it does not by itself evict anyone.

This article explains what the N8 is for, how the persistent late payment ground works under the rules that took effect on September 21, 2026, why illegal acts are handled differently, and what a tenant can do after receiving one. The details depend on the facts and the date of the notice, so a lawyer can confirm how they apply to you.

What an N8 does and does not do

An N8 is a notice that ends a tenancy at the end of its term. The termination date must be the last day of the rental period or the lease term. Notice is 60 days, or 28 days for daily or weekly tenancies.

An N8 cannot be used to end a fixed term early. If you have a one-year lease and your landlord hands you an N8 in month four, the date on the notice still has to line up with the end of the term.

An N8 is a notice, not an eviction order. The tenant can dispute it at the LTB hearing, and the landlord must prove the tenant should be evicted.

The grounds an N8 can be based on

The LTB brochure lists a short set of grounds for an N8. If the landlord's reason is not on the list, the N8 is the wrong form.

GroundWhat it means in plain words
Loss of subsidized housing eligibilityThe tenant no longer qualifies for the subsidized unit
Failed condo purchaseA person who agreed to buy the condo unit did not complete the purchase
Ended employmentThe tenancy was tied to a job that has ended
Persistent late rentRent has repeatedly been paid late
End of a rehabilitative or therapeutic tenancyThe program the tenancy was part of has ended

The precise legal tests for each ground can be technical, so check the facts of your own situation with a lawyer.

Persistent late payment after September 21, 2026

As of September 21, 2026, rent paid more than 7 days late at least three times in six months can count as persistent late payment. Look at the date on the notice, because some older LTB material pre-dates these changes.

A payment is not late if the landlord applied it to another amount owed, such as arrears. This matters when a tenant paid on time but the landlord credited the money to an older balance.

If an application is based only on persistent late rent, the LTB cannot issue an order for rent owing. A landlord who also wants unpaid rent usually has a separate route, covered next.

Illegal acts and unpaid rent use other forms

Illegal acts are not an N8 ground. They use Form N6, with 10 days' notice for drug-related acts or 20 days for a first non-drug notice.

Unpaid rent is also separate. A landlord who claims arrears uses an N4 and then an L1 application. For N4 notices given on or after September 21, 2026, the termination date must be at least 7 days after the N4 is given.

Damage, interference or overcrowding use an N5. If you got a notice and are unsure which form it is, read the form number at the top, because the form decides what rights you have.

How a tenant can respond to an N8

An N8 has no cure period, so you cannot cancel it simply by fixing the problem the way you can with some other notices. You can still dispute it at the LTB hearing, and the landlord must prove the tenant should be evicted.

The LTB must consider all circumstances before refusing or delaying eviction. How that applies to your situation depends on the facts, so it is worth confirming with a lawyer.

Be aware that, effective September 21, 2026, the tests for setting aside and delaying eviction orders were tightened. If an order is made, do not assume you can easily undo it later.

Staying in the unit past the date on an N8 does not mean you must leave that day. The notice is not an eviction order. Moving out, ignoring the notice and disputing it are very different choices, so get advice before deciding.

What to do next

Landlords should also confirm that the ground, the notice period and the form are correct before relying on an N8, because an error can undermine the whole process.

Frequently asked questions

Can my landlord use an N8 to end my fixed-term lease early?

No. A landlord cannot end a fixed term early with an N8, and the termination date must be the last day of the rental period or lease term. If you are unsure, a lawyer can check the dates on your notice.

How late is too late for persistent late payment?

As of September 21, 2026, rent paid more than 7 days late at least three times in six months can count. A payment the landlord applied to another amount owed, such as arrears, is not treated as late.

Can a landlord use an N8 for illegal activity?

No. Illegal acts are not an N8 ground and use Form N6 instead. The notice period is 10 days for drug-related acts or 20 days for a first non-drug notice.

Do I have to move out when the N8 date arrives?

An N8 is not an eviction order, and you can dispute it at the LTB hearing, where the landlord must prove you should be evicted. The LTB must consider all circumstances before refusing or delaying eviction. Get advice before deciding whether to stay or go.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

This is a real estate question

Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.

ContactStart a File →