End your Tenancy at the End of the Term (N8)

Under Ontario’s Residential Tenancies Act, 2006 (RTA), tenants are entitled to automatic security of tenure, meaning leases automatically convert to month-to-month agreements at the end of a fixed term. However, when specific statutory grounds exist, landlords can serve Form N8: Notice to End your Tenancy at the End of the Term to terminate a lease at the conclusion of a rental period or fixed-term agreement.

At Lex Defensio, our legal team helps landlords document compliance failures, prepare bulletproof LTB notices, and present compelling evidentiary records before the Landlord and Tenant Board (LTB).

Statutory Grounds for Serving Form N8

Landlords can serve Form N8 under three explicit statutory circumstances set out by the LTB:

1. Persistent Late Payment of Rent (Reason 1)

The most common ground for an N8 notice occurs when a tenant repeatedly pays rent past the due date.

• Key Distinction: Unlike Form N4 (used when rent is actively owing), Form N8 applies even if the tenant eventually pays their outstanding rent in full—the violation is the pattern of lateness itself.
• Evidentiary Threshold: LTB adjudicators typically look for a clear, documented history showing a minimum pattern of late payments (historically 7 to 8 late payments within a consecutive 12-month period).

2. Disqualification from Public or Subsidized Housing (Reason 2)

Applicable to social or public housing providers when a tenant no longer satisfies eligibility criteria required to reside in the subsidized unit.

3. End of Employment-Conditioned Tenancy (Reason 3)

Used when a rental unit was provided to an employee (e.g., a building superintendent or property manager) as a condition of employment, and that employment relationship has formally ended.

Step-by-Step Form N8 Filing & Evicting Workflow

1. Prepare & Issue Form N8 — Statutory notice calculation. Complete Form N8 with exact tenant details, rental address, and a comprehensive ledger of late payment dates.
   • Notice Requirement: Minimum 60 days’ written notice (for monthly or fixed-term tenancies) or 28 days’ notice (for daily/weekly tenancies).
   • Termination Date Alignment: Must strictly coincide with the last day of the fixed-term lease or the last day of a rental period.
2. Serve Notice & Complete Certificate of Service — Service rules. Deliver Form N8 using LTB-approved service methods (in person, sliding under door, placing in mailbox, or email if written consent exists).
   • Complete an LTB Certificate of Service immediately after serving.
3. File Form L2 with the LTB — Immediate LTB filing. File Form L2: Application to End a Tenancy and Evict a Tenant with the LTB.
   • Timing: Landlords can file Form L2 immediately after serving the N8—they do not need to wait until the termination date passes.
   • Deadline: Must file Form L2 no later than 30 days after the termination date listed on the N8, or the notice becomes void.
4. Attend LTB Eviction Hearing — Adjudication. Present rent ledger records, e-transfer timestamps, bank statements, and communication logs to establish persistent lateness.
5. Receive Board Order & Coordinate Sheriff — Enforcement. If approved, the LTB issues a termination order. If the tenant fails to vacate by the ordered date, enforce the order via the local Court Enforcement Office (Sheriff).

Form Comparison: N8 vs. N4 vs. N5

Frequently Asked Questions (FAQ)

Facing Chronic Late Rent Payments?

Contact Lex Defensio to schedule a legal consultation regarding your Form N8 eviction matter.