Landlord Forms

How to Handle Form N8 – Ending a tenancy at the end of the term

The most frequent use of Form N8 is if a tenant consistently fails to make payments on time. As a landlord, you may have already given the tenant a number N4, every time such rent payments were late. But at which point do you resort to serving an N8, and when should you seek to evict such a tenant?

Based on LTB practice, you generally have to show that the tenant was late on seven or eight rent payments within a consecutive 12 month period. So it makes a lot of sense to consistently serve an N4, every time a payment is late. This will make it a lot easier down the road with tenants who are notoriously late on payments. Like with all other N-Forms, make sure you properly serve the tenant, and double check that the termination date does not break a fixed term lease. Always put the date at the end of a lease period. You can find all the details on filling the form here: LTB Forms

If it is unclear whether the tenant will move out by the termination date that you entered in the N8, it may be advisable to file a Form L2 right after serving the N8. The L2 is the eviction form, that can be filed with the LTB in person or E-filed online. Please know that the LTB will most likely set up a payment plan for the tenant with strict payment deadlines, before they go ahead and order the termination of the tenancy. Again, the eviction can be a lengthy process. Also, be aware of the current eviction rules based on Covid.