What Can Be Done When a Tenant Regularly Pays Rent Late?
When a tenant consistently pays rent after the due date, this may qualify as “persistent late payment”, which can form the basis for eviction in Ontario.
However, the process is not automatic. A landlord must follow the proper legal steps and demonstrate a pattern of lateness. Because these cases are fact-specific and often contested, Babbar Legal can assist in building a strong application and navigating the process effectively.
What Is “Persistent Late Payment”?
There is no strict definition in the law for how many late payments qualify as “persistent.” Instead, the Landlord and Tenant Board looks at the overall pattern of behaviour.
A tenant who is occasionally late may not meet the threshold. However, where rent is paid late repeatedly over time—even if eventually paid—this may be enough to justify legal action.
Persistent lateness can create serious financial strain for landlords, particularly where it affects mortgage payments, property taxes, or other obligations tied to the rental income.
The Eviction Process for Late Rent
To pursue eviction for persistent late payment, a landlord must:
- Serve the appropriate notice of termination
- File an application with the Landlord and Tenant Board
- Provide evidence showing a consistent pattern of late payments
Even where lateness is clearly established, eviction is not guaranteed.
The Board Often Gives Tenants a “Last Chance”
In many cases, especially on a first application, the Landlord and Tenant Board may exercise discretion under section 83 of the Residential Tenancies Act, 2006 to give the tenant another opportunity.
This often results in an order requiring:
- Any arrears to be paid
- Future rent to be paid strictly on time
This type of order creates a formal record. If the tenant continues to pay late or breaches the order, the landlord’s position becomes significantly stronger in future proceedings.
Building a Track Record Matters
A history of proceedings and non-compliance can be critical.
In RPM v. RG and VA (2016 CanLII 72041), the Board initially gave tenants multiple opportunities to correct their behaviour. However, after repeated breaches—including failure to comply with prior orders—the Board ultimately terminated the tenancy.
This illustrates an important point: even if eviction is not granted immediately, taking action early can help establish a record that supports eviction later.
When Eviction May Be Granted Sooner
There are also situations where eviction is granted without repeated warnings.
In Inc v. NT and MAG (2020 CanLII 61259), the Board ordered eviction even though it was the first application specifically for persistent late payment. The decision was influenced by:
- A long history of late payments
- Prior rent arrears proceedings
- Lack of evidence that the tenants could pay rent on time going forward
The Board emphasized that future promises to pay must be supported by credible evidence—not just statements.
Key Takeaways for Landlords
Persistent late payment is taken seriously, but eviction depends on the circumstances. The Board will consider:
- The frequency and pattern of late payments
- The tenant’s payment history
- Whether prior warnings or orders have been issued
- The tenant’s ability to pay rent on time in the future
Because outcomes can vary, careful preparation is essential.
Final Thoughts
If a tenant regularly pays rent late, a landlord does have the right to pursue eviction—but success depends on properly documenting the pattern and following the correct legal process.
Even where eviction is not immediately granted, taking action can strengthen future applications and help bring the issue under control.
If you are dealing with ongoing late payments, Babbar Legal can assist in preparing your case, ensuring compliance with the law, and improving your chances of a successful outcome.