The Residential Tenancies Act does not set out a specific number of times that the tenant would have to be late with the rent before a landlord can seek eviction as the Board adjudicator will make this determination. However, our usual advice in this situation 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. Also, if you have a fixed term tenancy agreement (lease), the legislation does not permit you to seek early termination of that agreement if the grounds are persistent late rental payments.