The N8 Form is a Notice to End your Tenancy at the End of the Term, served to a Tenant who consistently pays the rent late. This is a formality to notify the tenant to rectify the problem of paying late.This article informs you about the N8 Form for Landlords/ Property Managers.
When is the N8 Form – Notice to End your Tenancy at the End of the Term Used?
There are several reasons for serving the N8 Form to the tenant, which is as follows:
- The Rent was paid late persistently.
- The tenant is no longer eligible for public or subsidized housing.
- The tenant availed the Rental unit as a condition of employment, and the employment has now ended.
- The tenancy was formed in good conscience due to a Purchase and Sale Agreement for a proposed rental unit, but the agreement was eventually terminated.
- The tenant resides in a care home solely for receiving rehabilitative or therapeutic services, and the agreed-upon term of the tenancy has expired.
You can collect the Paper Copy from the Landlord and Tenant Board (LTB) of Ontario, Canada or you can download the PDF of the N9 Form here.
What Informations are Required for the Landlord to fill out the N8 Form?
The N8 Form is a legal document that should be read thoroughly, understood, and reviewed before signing. Follow the instructions properly. If the N8 Form is not filled out correctly, it will be invalid. Keep a copy of the notice for proof.
The following pieces of information are needed to fill out the Form and to be a valid agreement:
The Name of the Landlords and Tenants
- Under “To”
The Legal Name and the Nickname (if the tenant has one) must be included. This should consist of the names of all the tenants if it is a joint tenancy.
- Under “From”
The Legal Name of the Landlord
Address of the Rental Unit
Including the Full Address with specifics such as the Postal Code, Unit Number, Basement, and Main Floor as the Rental unit’s Address is vital.
The Date the Tenancy Will End
The tenant should provide the date of the end of the tenancy.
The termination date for a weekly or daily tenancy must be at least 28 days after the date the landlord provides this notice to the tenant.
The termination date for any other type of tenancy, such as monthly, must be at least 60 days after the date the landlord provides this notice to the tenant.
For both the above cases, the date must fall on the last day of the rental period.
If the tenancy is for a fixed term, the last day of the fixed term should be the termination date.
When calculating the number of days, leave out the date you give the tenant notice.
The Reason(s) for Ending the Tenancy
Shading the boxes adequately next to the reasons for giving out this form to the tenant.
Details About the Reasons for this Notice
This is very important, and correctly filling out this part might be the difference between you winning the case in the hearing and not getting the eviction order. This should include dates, times and the details of the events that resulted in giving the notice to the tenant.
For each reason selected, the details should be particular for that reason.
Such persistent late payments tarnish the relationship between the landlord and the tenant. “Persistently” should not be limited to Two Incidents of Late Payments. It also varies from case to case.
Information such as ‘When rent is due, the dates of rent payment, the amount the tenant failed to pay and what periods those payments
were for’ should be included.
The reason why the tenant no longer qualifies for public or subsidized housing, along with the date, should be included.
Specific information such as the date the tenant’s employment ended, the nature of the tenant’s job, and any other relevant information.
The date the agreement of purchase and the sale was decided to enter, the date and the reason why it was terminated should be included.
List the services offered to the tenant, describe what the agreement outlined, and when the tenancy would end.
Signature of the Landlord/Representative
Shade the circle if you are the landlord. Shade the circle labeled “Representative” if you are the representative of the landlord. Enter your name and phone number. Then sign the notice and include the date.
For the Representative’s case, additional information must be provided, such as company name (if applicable) and mailing address. Include your phone number and, if applicable, fax number too.
After filling up the N8 Form, the Applicant must submit it to the Landlord. The Landlord can apply to the Tenant Board (LTB) of Ontario, Canada, for the termination of the tenancy and evict the tenant (s) as soon as they receive this notice. If the LTB issues the eviction order, the tenants will not have to move out before the tenancy’s termination date.
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How to Deliver the N8 Form – Notice to End your Tenancy at the End of the Term?
The landlord must provide the filled-out N8 Form to end the tenancy.
The notice can be delivered personally to the tenant via letter, fax, or courier. Landlord’s agent may also give the notice.
Keep a record, such as the Post Office Receipt, if the notice is sent by mail. Be aware that the law dictates to give the Landlord an additional 5 (Five) days to receive the notice via mail.
If sent by a courier, an additional Working Day should be provided for delivery.
It can also be delivered directly but must be to the adults of the rental unit. It can be left in the tenant’s mailbox or can be placed under the door of the rental unit. Furthermore, it can be placed through the mail slot in the tenant’s door.
Keep a duplicate of the fax confirmation sheet if you fax the notice. The date should of the day it is faxed.
What to do if the Tenant Does Not Move Out On the Agreed Date?
The tenant must leave with personal possessions removed from the rental unit by the termination date.
If the Landlord doubts the tenant’s intentions of leaving by the termination date specified in the N8 Form, the landlord should file a Form L2 immediately after N8 Form is served. The L2 Form – Application to End a Tenancy and Evict a Tenant or Collect Money can be filed in person or electronically with the LTB. Please be aware that the LTB will almost certainly set up a payment plan for the tenant with rigid payment deadlines before ordering the tenancy to be terminated. Again, the eviction procedure can be time-consuming.
If the Board orders an eviction and the tenant still does not move out, schedule the eviction with the Sheriff, who will hand a notice to the tenant. If that does not work, the Sheriff can enforce the removal.
Additionally, be updated on the Covid eviction rules.
Certificate of Service (COS)
The N8 Form Notice requires a Certificate of Service.
The Certificate of Service is a one-page form submitted to the Landlord and Tenant Board when filing an application for the N8 Form notice. This is additionally submitted to inform them how and when the tenant was served N8 Form notice or other documents.
Your application or case might be rejected if you fail to serve a paper that you were supposed to. If you use an unauthorized way to serve a document, you need to prove how and when the other party received the document at the hearing.
The certificate of service can be served just like the N8 Form, but it can be emailed as well if the other party agrees in writing only.
Click here to download the Certificate of Service (COS).
Residential Tenancies Act, 2006, Ontario
The Residential Tenancies Act 2006, Ontario is the provincial law that outlines the rights and responsibilities of landlords, tenants, and subtenants in Ontario. It also sets out appropriate procedures and reasons for giving notice of termination.
The Act offers the security of tenancy to tenants, allowing them to remain in their rental property until:
- The Landlord terminates the tenancy by giving a notification with a reason permitted by the Act;
- The tenant provides the notice to terminate the tenancy; or
- There is a mutual agreement between the tenant and the Landlord to end the tenancy.
What to Do If You Have Any Questions about N8 Form?
If you need more information about this notice or your rights, contact the Landlord and Tenant Board by:
Visiting their website with the following link: tribunalsontario.ca/ltb
Calling the LTB to speak to one of the Customer Service Officers:
Within the Toronto calling area: 416-645-8080
From outside Toronto: 1-888-332-3234
Note: Customer Service Officers are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m.
You can also access their automated information menu at the above numbers, 24 hours a day, seven days a week.
The landlord might not know the tenant’s side of the story. Serving the N8 Form can be challenging emotionally. Thus approaching the tenant and talking it out is a good sign of faith. The landlord can provide some solutions if the tenant is facing financial difficulty. In that case, it is a win-win for both parties.
The Landlord and Tenant Board (LTB) is the central entity to resolve disputes and provides advice about legalities. You may go to the website of The Landlord and Tenant Board (LTB) of Tribunals Ontario to learn more, including the Residential Tenancies Act. Consult a qualified Legal Professional for further information about Ontario’s N8 Form and other aspects of landlord-tenant law.