The law does not set out a specific number of times that the tenant would have to be late in order to be evicted. It is still up to a Board adjudicator to make the decision but our usual advice is to wait at least until you have served the tenant with the notice of non-payment of rent seven or eight times during the period of one year before seeking termination for this reason. If you have a fixed term tenancy agreement (lease), the notice cannot terminate before the lease expires. Therefore, the earliest you can secure termination of the tenant based on persistent late rental payment is at the end of the lease.