The N8 Notice: Ending a Tenancy at the End of a Term
What an N8 covers, its 60-day timing, and how it differs from other termination notices.
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What an N8 notice is
An N8, Notice to End your Tenancy at the End of the Term, is used by a landlord who wants to end a tenancy at the conclusion of its current term or renewal period, rather than mid-tenancy the way an N4 or N5 would. It's one of the few termination notices tied specifically to a particular moment in the tenancy's lifecycle, rather than to an event like unpaid rent or a single incident of conduct. Because of that, understanding when an N8 can be used — and the timing rules that come with it — matters as much as understanding the grounds themselves.
An N8 doesn't exist to end a month-to-month tenancy just because the landlord would prefer a different tenant; it has to be supported by one of a specific set of grounds set out in the RTA, and the termination date it names has to align with the end of a rental period or term.
Key point
An N8 generally requires at least 60 days' notice, and the termination date must generally coincide with the end of a rental period (for month-to-month tenancies) or the end of the lease term (for fixed-term tenancies). Getting that date wrong is one of the most common ways an N8 runs into trouble.
The grounds that can support an N8
The RTA sets out specific grounds a landlord can rely on for an N8. These generally include persistent late payment of rent (not a single instance, but a pattern), the tenant breaching a material term of the tenancy agreement after being given a chance to correct it, the tenant committing an act that seriously impairs the landlord's or another tenant's safety where that ground applies here rather than under N7, or the tenant no longer qualifying for subsidized housing in specific program contexts. Each of these grounds has its own evidentiary expectations — "persistent" late payment, for example, generally requires a documented pattern over time, not an isolated late month.
Landlords sometimes reach for an N8 when the real issue would be better addressed by a different notice, or when the underlying facts don't actually show a pattern. Because an N8's grounds are often about an ongoing pattern rather than a single clear-cut event, they can be more challenging to prove at a hearing than, say, a straightforward unpaid-rent case.
The 60-day timing rule
An N8 generally requires a minimum of 60 days' notice before the stated termination date. This is longer than the notice periods for most conduct-based notices, reflecting that an N8 is tied to the natural end of a tenancy period rather than to an urgent problem needing a faster resolution. Sixty days gives both sides a reasonably predictable runway: the landlord has certainty about when the process can move forward, and the tenant has a meaningful amount of time to plan, respond, or seek advice.
Landlords calculating the 60-day period need to count carefully from the date of service, not the date the notice was written or signed, and should build in buffer time rather than calculating the minimum to the exact day.
Why timing within the tenancy term matters
Beyond the 60-day minimum, the termination date on an N8 generally has to fall on the last day of a rental period for a month-to-month tenancy, or the last day of the term for a fixed-term lease. A landlord can't simply pick an arbitrary date 60 days out if that date falls in the middle of a rental period — doing so is a common and avoidable error that can make the notice defective. This is one of the more technical aspects of serving an N8 correctly, and it's worth double-checking against the actual lease or rental period structure before the notice goes out.
How the N8 differs from N4, N5, N6 and N7
Where an N4 addresses unpaid rent and an N5 addresses specific interference, damage, or overcrowding incidents, the N8 is built around patterns and the natural end of a tenancy period, with a meaningfully longer notice window. N6 and N7 address illegal acts and serious safety problems respectively, generally with a much shorter 10-day notice period reflecting their urgency. The N8 sits in a different category altogether — it's not about an emergency or a single incident, but about whether the tenancy should continue past its current term given an established pattern or ongoing issue.
Common misconception
Some landlords treat the N8 as a general-purpose "end of lease" notice they can use whenever they simply don't want to renew. In reality, an N8 generally still requires one of the RTA's specific grounds to be made out — it isn't available just because a fixed term is ending and the landlord would prefer a change.
Is an N8 voidable?
Unlike a first-time N5, an N8 generally doesn't come with a built-in provision allowing the tenant to void it simply by correcting the behaviour within a set window after service. That said, the underlying facts matter enormously at a hearing — if a tenant can show the pattern alleged didn't actually exist, or that late payments were isolated rather than persistent, that's a substantive defence, even though it isn't a formal "cure" mechanism the way paying rent voids an N4.
What follows an N8
If the tenant doesn't move out by the termination date, the landlord may file an L2 application with the LTB. At a hearing, the landlord generally has to prove the specific ground relied on — for example, presenting a documented history of late payments or evidence of the alleged breach — and the adjudicator decides whether the ground is made out and whether termination is appropriate given the whole context.
Because an N8's grounds often turn on a pattern rather than a single clear-cut event, these hearings can involve a fair amount of back-and-forth over the facts: whether the late payments were truly persistent or just occasionally inconvenient, whether a breach of a material term was ever properly brought to the tenant's attention, and whether the tenant had a reasonable opportunity to correct the issue where that mattered. An adjudicator weighing an N8 application generally looks at the full history of the tenancy, not just the handful of incidents listed on the notice itself.
Options for a tenant who receives an N8
A tenant who receives an N8 generally benefits from reviewing the specific ground stated on the notice closely, since "persistent late payment" and "breach of a material term" involve different facts and different defences. Gathering records — payment history, communications about any alleged breach, and anything showing the pattern alleged isn't accurate — matters well before any hearing date. Tenants should also check the termination date against the actual rental period or term to confirm the notice was served with proper timing, since an error there can be a legitimate basis to challenge the notice.
It's also worth a tenant considering the broader context of the tenancy when responding to an N8: if the alleged pattern of late payments coincided with a specific, resolved hardship, or if a breach was addressed promptly once raised, that context can matter to an adjudicator weighing whether termination is the appropriate outcome, even where the underlying facts aren't seriously in dispute. Getting advice early, rather than waiting until shortly before a scheduled hearing, generally gives a tenant more room to prepare a complete response.
This article provides general information about Ontario landlord and tenant law.
It is not legal advice. For advice about a specific situation, consult a licensed
paralegal or lawyer, or contact the Landlord and Tenant Board.
Frequently Asked Questions
Generally a minimum of 60 days, with the termination date also needing to align with the end of a rental period or lease term.
Generally no. An N8 still requires one of the specific RTA grounds, such as persistent late rent or breach of a material term — the lease simply ending isn't, by itself, a ground.
Generally a documented pattern of late payments over time, rather than a single isolated late month, though the LTB looks at the specific facts of each case.
Generally there's no automatic cure provision for an N8 the way there is for a first-time N5, though the facts of the alleged pattern remain central to any hearing.
This is generally a defect that can make the notice invalid, since the N8 requires the termination date to coincide with the end of a term or rental period.
An N4 addresses a specific unpaid rent debt with a much shorter notice period and a clear cure (payment). An N8 addresses broader patterns or breaches with a longer, 60-day minimum notice period.
Generally an L2 application, asking the LTB to terminate the tenancy on the ground named in the N8.
Generally only where the term is material and the tenant was given a chance to correct the breach where required; minor or trivial lease terms are less likely to support an N8.
Not automatically. The notice sets a termination date, but the tenancy generally only actually ends if the landlord obtains an LTB order, or the tenant agrees to move out.
Generally, payment records, lease documents, and any correspondence relevant to the specific ground alleged, along with a check of the termination date against the lease's actual term dates.
Related reading
Reviewed by Ryan J. Manilla, BA, JD
Legal Reviewer · Landlord Tenant Ontario