Instructions: N8 Notice Notice to End your Tenancy at the End of the Term

Section A: When to use this notice

You can give this notice to the tenant for the following reasons:

• Reason 1: You have persistently failed to pay your rent in full on the date it became due.

  This is commonly called persistently late. The LTB will consider the definition of persistent late set out in s. 8.1 of O.Reg. 516/06 which includes where a tenant has paid rent:

  • more than seven days after the due date, at least three times within a six-month period; and,

  • each of the late payments are not considered to have been paid late only because the landlord applied the payment to another amount the tenant owed, such as rent arrears.

  Note: The LTB may also find a tenant has persistently failed to pay their rent on the date it became due in other circumstances.

• Reason 2: The tenant no longer qualifies to live in public or subsidized housing.

  • You cannot use this notice to terminate the tenancy because a tenant no longer qualifies for rent-geared-to-income (RGI) assistance. If a tenant no longer qualifies for RGI assistance and does not pay the new lawful rent, you can use the N4 Notice to End a Tenancy Early for Non-payment of Rent.

• Reason 3: The rental unit was made available to the tenant as a condition of employment and the employment has ended.

  • Do not use this notice to terminate the tenancy of a superintendent when their employment has ended. If you have terminated the superintendent’s employment and the superintendent has not moved out of the rental unit within seven days, you can apply to the LTB to terminate the tenancy and evict the superintendent by filing a Application to End a Tenancy and Evict a Tenant (Form L2). You do not need to give the superintendent a notice of termination before applying to terminate their tenancy.

• Reason 4: The tenancy was created in good faith as a result of an Agreement of Purchase and Sale for a proposed condominium unit, and the agreement has been terminated.

• Reason 5: The tenant is occupying the unit specifically to receive rehabilitative or therapeutic care and the period of tenancy agreed to has ended.

  • You can only give this notice for this reason if no other tenant receiving these types of services is allowed to live in the complex for more than four years.

Giving this notice is the first step in evicting a tenant for the above reasons. See Section D below for information about what happens after you give this notice to your tenant.

Section B: How to complete this notice

Read these instructions before completing the notice. You are responsible for ensuring that your notice is correct and complete. Follow the instructions carefully when you complete the notice. If you do not complete the form properly, your notice may not be valid and you may have to start over.

Under To, fill in the name of the tenant to whom you want to give the notice. If there is more than one tenant living in the rental unit, fill in the names of all of the tenants. Where there is a subtenant or assignee, you should name these people in the notice. However, you do not need to name other occupants, such as children or guests of the tenant.

Under From, fill in your name. If there is more than one landlord, fill in the names of all of the landlords.

Under Address of the Rental Unit, fill in the complete address of the rental unit, including the unit number (or apartment or suite number) and the postal code.

The Termination Date

Fill in the termination date. For a weekly or daily tenancy, the termination date must be at least 28 days after the date that you give the tenant this notice. Also, the date must be on the last day of the rental period.

For any other type of tenancy, such as monthly, the termination date must be at least 60 days after the date that you give the tenant this notice and must be the last day of the rental period or, if the tenancy is for a fixed term, the last day of the fixed term.

When you are counting the days, do not include the date you are giving the notice to the tenant. If you are sending the notice by courier, add one business day for delivery. If you are sending the notice by mail, add five days for delivery.

Example:

The tenancy is month-to-month and rent is paid on the first of each month. If the landlord decides to give this notice on August 1st, and the landlord is handing the notice to the tenant, the earliest date the landlord could fill in as the termination date is September 30th (60 days from August 1st and falling on the last day of a rental period). If the landlord is mailing the notice to the tenant on August 1st, the earliest date the landlord could fill in as the termination date is October 31st (60 days from August 1st + 5 days for mailing and falling on the last day of the rental period).

My Reason(s) for Ending your Tenancy:

Check the box completely next to each reason for giving the tenant this notice.

Details About the Reasons for this Notice:

Include dates, times and the details of the events that led to you giving the tenant the notice. For example:

Legal Test for Reason 1:

A tenant may be considered to have persistently paid rent late if they pay rent more than seven days after the due date at least three times within a six-month period.

In these circumstances, you may apply to evict the tenant for persistent late payment of rent.

However, a late payment does not count if it happened only because you applied a rent payment to another amount the tenant owed, such as rent arrears.

Signature:

If you are the landlord, check the circle marked “Landlord”. If you are the landlord’s representative, check the circle marked “Representative”. Fill in your name and phone number. Then, sign the notice and fill in the date you sign the notice.

Representative’s Information (if applicable):

If you are the landlord’s representative, fill in your name and phone number. Then, fill in your name, company name (if applicable), and mailing address. Include your phone number and email, if you have one.

Section C: How to give this notice to your tenant

There are many ways that you can give this notice to your tenant. You can:

• hand it directly to the tenant or to an adult in the rental unit,

• leave it in the tenant's mailbox or where mail is ordinarily delivered,

• place it under the door of the rental unit or through a mail slot in the door,

• send it by fax to a fax machine where the tenant carries on business or to a fax machine in their home,

• send it by courier, or

• send it by mail or Xpresspost.

You cannot give the tenant this notice by posting it on the door of the tenant’s rental unit.

Section D: What happens after you give this notice

It is important that you keep a copy of the notice you give your tenant.

You can apply to the LTB for an order to terminate the tenancy immediately after giving the notice to the tenant.

To make this application, you need an Application to End a Tenancy and Evict a Tenant (Form L2). You will also need to file a copy of the Notice to End your Tenancy at the End of the Term (N8 Notice) you gave the tenant, and a Certificate of Service to tell the LTB when and how you gave the notice to the tenant.

Section E: What to do if you have any questions

You can visit the LTB website at: tribunalsontario.ca/ltb/.

You can call the LTB at 416-645-8080 from within the Toronto calling area, or toll-free at 1-888-332-3234 from outside Toronto, and speak to one of our Contact Centre Representatives.

Contact Centre Representatives are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m. They can provide you with information about the Residential Tenancies Act and the LTB's processes; they cannot provide you with legal advice. You can also access our automated information menu at the same numbers listed above 24 hours a day, 7 days a week.