What counts as persistent late payment of rent in Ontario?
Short answer: Since September 21, 2026, a tenant is considered to have persistently paid rent late when the rent is received more than 7 days after the due date, at least 3 times within a 6-month period. A payment doesn't count as late if it was late only because you applied it to another amount the tenant owed, such as arrears. The notice for this is the N8.
What counts as one late payment
- More than 7 days after the due date. With rent due on the 1st, rent received on the 8th is 7 days after, so it doesn't count. Rent received on the 9th or later does.
- At least 3 times within 6 months. One or two late months are not enough under this definition.
- Not because of how you applied the money. If the tenant paid on time but you put that payment toward older arrears, so the current month looked late, that month doesn't count.
- Other situations can still qualify. The LTB says it may also find persistent late payment in other circumstances, so the definition isn't the only way, but it is the clearest one.
A worked example
Rent is due on the 1st of each month. The landlord's ledger shows:
| Rent due | Received | Days after the due date | Counts? |
|---|---|---|---|
| November 1, 2026 | Thursday, November 12, 2026 | 11 | Yes |
| December 1, 2026 | December 8, 2026 | 7 | No (not more than 7) |
| January 1, 2027 | Monday, January 11, 2027 | 10 | Yes |
| February 1, 2027 | February 1, 2027 | 0 | No |
| March 1, 2027 | Tuesday, March 9, 2027 | 8 | Yes |
That's three payments more than 7 days late between November 2026 and March 2027, which is within 6 months, so the definition is met. Your records are the proof, so write down the date each payment actually arrived and what you applied it to.
The N8 notice: dates that trip people up
- Monthly tenancy: the termination date must be at least 60 days after you give the N8, and on the last day of a rental period (or the last day of a fixed term). Weekly or daily tenancy: at least 28 days, on the last day of a rental period.
- Counting: don't count the day you give it. Add 1 business day for courier and 5 days for mail. You can't post it on the door.
- Example: rent due on the 1st. An N8 handed to the tenant on Thursday, April 1, 2027 can have a termination date of Monday, May 31, 2027 at the earliest. Mailed the same day, it's Wednesday, June 30, 2027.
- Details matter: on the N8, list when rent is due, the dates the tenant paid, the amounts not paid on time and which periods they were for.
- Next step: you can apply to the LTB with an L2 right after giving the N8, along with a copy of the N8 and a Certificate of Service.
- Use the current form. The N8 and L2 are among the ten LTB forms replaced on September 21, 2026, and old versions are not accepted as of November 30, 2026.
Unpaid rent, as opposed to late rent, is a different notice: the N4, with its new 7-day rule. The free September 2026 changes checklist puts this rule next to the other September changes, and the $19 toolkit includes a persistent-late checker spreadsheet.
Official sources
- Tribunals Ontario: Legislative changes at the LTB effective September 21, 2026
- LTB: Instructions for the N8 notice (updated Sept 21, 2026)
- LTB forms
Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 23, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.