Has your tenant consistently paid their rent late?

According to the Residential Tenancy Act tenants are required to pay rent on the first day of their rental period. This amount is due in full by the end of day. However, if your tenant pays late it can put real financial pressure on paying your mortgage or paying the bills. If this happens you have the legal right to file an N8 notice against the tenant for consistently paying rent late. The courts have stated that there has to be a consistent and habitual late, this usually means that in the last 12 months there has to be at least 8 months where the tenant was late by more than 4 days.

In your N8 notice be sure to provide the tenant with 60 days’ notice, the notice date needs to be on the last day of the rental period. For example;
“Your tenant pays you on the first of each month. The tenant has been late on their rent 9 of the last 12 months so you decide to provide them with an N8 termination notice for persistently paying their rent late. The date you decide to provide the notice is on the 15th of June. You would need to provide them with 60 days’ notice. However the date needs to be at the end of the rental period so the date on the N8 notice would have to be August 31st.”

Once you serve the notice on the tenant you can immediately file the application with the board. This is done through an L2 application. You do not have to wait for the notice to expire. You will have to pay $175.00 as a filing fee to the board to process the application however this amount can be returned to you if you are successful.

At the LTB a number of different things could be ordered to resolve the issue for you. The board may order the tenant to comply with an order to pay their rent on time, or they can order the termination of the tenancy. Mediation services are also available to you.

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