Late Rent Notice

What is a late rent notice?

Late Rent Notice may be used by a landlord or property manager when a tenant is late in making a rent payment. Late Rent Notice is often the first step in a landlord's attempt to evict a tenant who usually fails to pay their rent on time. However, it is not an eviction notice, it is simply a written notice to the tenant that rent is overdue and needs to be paid. In other words, this is an informal step that may be done before taking legal action (eviction notice).

What is the difference between a late rent notice and a notice of eviction?

A late rent notice is an unofficial courtesy document given by the landlord to the tenant notifying them that payment of rent is past due. A notice of eviction, on the other hand, is a legal document in prescribed government form for residential tenancies.

A late rent notice is normally sent before an eviction notice to attempt to resolve the issue of non-payment of rent.

What must a late rent notice contain?

The late rent notice must include:

• the date;
• the address;
• the tenant's name(s);
• the landlord's name and contact information; and
• a warning that if it isn't paid promptly, the necessary steps required will be taken.

The document must also reference the lease agreement, if any, and state the section which outlines the specific due date for rent and the amount of rent payable.

What has to be done after a late rent notice is ready?

Once signed, the Late Rent Notice can be sent by registered mail, so as to create a record that the letter was sent and received by the tenant. This record may be useful in case of future legal action, such as an eviction action.

What is the eviction process?

The landlord must monitor the situation, and if the tenant still does not pay rent or does not respond, they may consider a formal notice of eviction. The landlord should not wait an extended period of time before taking additional action but should act promptly, such as within several weeks. After, the landlord and tenant will need to attend a board hearing for a formal decision.

Which laws are applicable to a late rent notice?

The relationship between a landlord and tenant is governed by legislation and the lease agreement. The pieces of legislation governing residential tenancies are as follows:

• Ontario: Residential Tenancies Act, 2006, S.O. 2006, c. 17
• Alberta: Residential Tenancies Act, SA 2004, c R-17.1
• Manitoba: The Residential Tenancies Act, CCSM c R119
• Saskatchewan: Residential Tenancies Act, 2006, SS 2006, c R-22.0001
• British Columbia: Residential Tenancy Act, SBC 2002, c 78
• New Brunswick: Residential Tenancies Act, SNB 1975, c R-10.2
• Nova Scotia: Residential Tenancies Act, RSNS 1989, c 401
• Prince Edward Island: Landlord and Tenant Act, RSPEI 1988, c L-4
• Yukon: Residential Landlord and Tenant Act, SY 2012, c 20
• Northwest Territories: Residential Tenancies Act, RSNWT 1988, c R-5
• Newfoundland and Labrador: Residential Tenancies Act, 2018, SNL 2018, c R-14.2
• Nunavut: Residential Tenancies Act, RSNWT (Nu) 1988, c R-5

Charging late fees is illegal in some provinces and territories. For example, in Ontario, a landlord cannot charge a tenant any late fees.

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