What happens if a landlord accepts a partial payment?
Last updated: October 15, 2026
Short answer
The rules differ by province, and in Alberta, Nova Scotia and Newfoundland and Labrador we found no rule on whether accepting rent after a notice cancels it. Manitoba says accepting a partial payment does not waive a notice for unpaid rent unless the landlord tells the tenant in writing that they may stay. Saskatchewan, Ontario and Prince Edward Island say taking arrears after a notice does not waive it or create a new tenancy unless both sides agree, and in Saskatchewan and Prince Edward Island the agreement must be in writing. The cancel-by-paying rules we found ask for all the rent owing, so part of the rent does not on its own cancel an unpaid rent notice.
What taking money does to an unpaid rent notice, by province
Two things are often mixed up: paying to cancel a notice, and a landlord accepting money after a notice. The table separates them. For payment methods and refusing rent, see can a landlord refuse to accept rent.
| Province | Paying to cancel an unpaid rent notice | Landlord accepts money after a notice |
|---|---|---|
| Alberta | The notice is ineffective if the tenant pays all rent due before the termination date. | We found no rule on whether accepting rent after a notice cancels it. |
| British Columbia | Paying in full within 5 days of a 10 Day Notice cancels it. The landlord can serve one even if rent is short by any amount. | A landlord may accept rent up to the effective date without waiving the notice. Taking rent for the period after that date, without receipts marked "use and occupancy only", could be read as continuing the tenancy. |
| Manitoba | Paying the full amount plus prescribed costs by the date on the notice avoids termination. | Taking the full late amount waives the notice unless the landlord confirms in writing at that time. Taking a partial payment does not waive it unless the landlord advises in writing that the tenant may stay. |
| Saskatchewan | We found no rule that lets a tenant cancel a notice by paying. | Taking arrears does not waive the notice or create a new tenancy unless both agree in writing. The person claiming a waiver must prove it. |
| Ontario | An N4 is void if the tenant pays all arrears before the landlord files with the Board. | Taking arrears or occupation money after a notice does not waive it or create a new tenancy unless both agree otherwise. |
| New Brunswick | Paying all rent due within 7 days cancels a Notice to Vacate, but not a repeat notice that says so. Payments are applied to arrears first. | We found no rule on rent accepted between the notice and the termination date. After the tenancy has ended, taking money other than for past use and occupation creates a new tenancy if no new lease was signed. |
| Nova Scotia | Paying the arrears within 10 days makes the notice void. | We found no rule on accepting rent after a notice to quit. |
| Prince Edward Island | Paying all overdue rent within 10 days cancels the notice. | Taking arrears does not waive the notice or create a new tenancy unless both agree in writing. The person claiming a waiver must prove it. |
| Newfoundland and Labrador | Paying all overdue rent plus any late fee before the date in the notice voids it, but this works only twice in a 12-month period. | We found no rule on accepting rent after the termination date. |
If the tenant stays, the landlord still has to apply
Accepting or refusing money does not end a tenancy by itself. If the tenant does not leave after a valid notice, the landlord has to ask the tenancy tribunal for an order, and only then is the unit enforced by a bailiff or sheriff. The route in each province is below.
| Province | Where the landlord applies if the tenant stays |
|---|---|
| Alberta | RTDRS or the Alberta Court of Justice |
| British Columbia | Residential Tenancy Branch |
| Manitoba | Residential Tenancies Branch (order of possession) |
| Saskatchewan | Office of Residential Tenancies |
| Ontario | Landlord and Tenant Board, then the Sheriff |
| New Brunswick | Tenant and Landlord Relations Office |
| Nova Scotia | The Director of Residential Tenancies (Form J) |
| Prince Edward Island | The Director of Residential Tenancy (Form 2B) |
| Newfoundland and Labrador | Residential Tenancies Office, then the Sheriff |
To see how long that process takes, read how long it takes to evict a tenant.
How to protect yourself when part of the rent is paid (SQRFT advice)
- Landlords: if you take a partial payment and want the notice to stand, say so in writing at the same time, state the amount received and what it covers, and keep a copy. In British Columbia, mark receipts for the time after the notice's effective date "for use and occupancy only". In Manitoba the law looks for a written statement that the tenant may stay, and in Saskatchewan and Prince Edward Island the parties must agree in writing to reinstate a tenancy, so avoid any written message that sounds like that unless you mean it.
- Tenants: do not assume part of the rent cancels a notice. Check the pay-to-cancel rule for your province in the table, pay the full amount by the deadline if you can, and keep proof of every payment.
- Both: if you reach a payment plan, put it in writing, signed by both of you, with dates and amounts. In Saskatchewan and Prince Edward Island a written agreement is what can reinstate a tenancy or create a new one.
Other eviction questions are covered in can a landlord evict for one month of late rent and how do I fight an eviction.
Partial rent and eviction notices in each province
Alberta
A notice for unpaid rent is ineffective if the tenant pays all the rent due before the termination date, so a part payment does not meet that test. We found no Alberta rule or government page on whether a landlord who accepts rent after a notice has given up the notice. If a landlord accepts rent after a fixed term ends and the tenant stays on, the tenancy becomes periodic.
If the tenant stays after a valid notice, the landlord applies to the RTDRS or the Alberta Court of Justice.
British Columbia
A landlord can serve a 10 Day Notice even if rent is short by any amount, and paying in full within 5 days cancels it. Under the Residential Tenancy Branch's Guideline 11, a landlord may accept rent for the period up to the notice's effective date without waiving the notice. If the landlord keeps accepting rent for the time after the effective date without receipts marked "use and occupancy only", it could be implied that the tenancy continues.
A notice can be waived only with the express or implied consent of the landlord or tenant, and neither side can withdraw a notice alone. If the tenant stays, the landlord applies to the Residential Tenancy Branch.
Manitoba
Manitoba spells this out. A landlord who accepts late payment of the total amount owing waives the right to terminate unless, at the time of taking the money, the landlord confirms in writing that it still treats the agreement as terminated. Accepting a partial payment does not waive the notice unless the landlord advises the tenant in writing that they may continue to occupy the unit.
The tenant avoids termination by paying the full amount plus prescribed costs by the date on the notice. If the tenant stays, the landlord applies to the Residential Tenancies Branch for an order of possession.
Saskatchewan
Unless the landlord and tenant agree otherwise in writing, a landlord who accepts arrears, or compensation for use and occupation, after giving a notice of termination has not waived the notice, reinstated the tenancy or created a new one. The person who claims a waiver must prove it. We found no rule that gives a tenant a right to cancel a notice for unpaid rent by paying.
A landlord can end the tenancy by notice once rent has been unpaid for 15 days or more. If the tenant stays, the landlord applies to the Office of Residential Tenancies.
Saskatchewan eviction and ORT hearings | Saskatchewan tenant rights
Ontario
Unless the landlord and tenant agree otherwise, a landlord does not waive a notice of termination, reinstate a tenancy or create a new one by accepting arrears of rent or compensation for use or occupation after a notice, an agreement to end the tenancy or a Board eviction order.
An N4 is void if the tenant pays all the arrears before the landlord files with the Landlord and Tenant Board. If the tenant stays, the landlord applies to the Board, and the Sheriff enforces any eviction order.
New Brunswick
Paying all rent due within 7 days of a Notice to Vacate for unpaid rent cancels it, except for a repeat notice that says payment will not continue the tenancy. Any payment goes first to rent arrears. We found no rule on whether rent accepted between the notice and the termination date cancels a notice.
After a tenancy has ended, the landlord is entitled to compensation for use and occupation. If the landlord accepts rent or compensation other than for past use and occupation and no new lease has been signed, that creates a new tenancy. If the tenant stays, the landlord applies to the Tenant and Landlord Relations Office.
New Brunswick eviction process | New Brunswick tenant rights
Nova Scotia
The tenant has 10 days to pay the rent in arrears after a notice for unpaid rent, and doing so makes the notice void. We found no rule in the Act on whether a landlord who accepts rent after a notice to quit has given up the notice, and no "use and occupation" rule.
If the tenant stays after a valid notice, the landlord applies to the Director on Form J.
Prince Edward Island
A landlord who takes arrears of rent, or compensation for use or occupation, after a notice of termination has not waived the notice, reinstated the tenancy or created a new one, unless the parties agree in writing. The person claiming a waiver must prove it.
Paying all overdue rent within 10 days cancels a notice for unpaid rent. The Rental Office says a tenant with an eviction notice still owes rent until they move out. If the tenant stays, the landlord applies to the Director on Form 2B.
Newfoundland and Labrador
If a tenant pays all overdue rent, including any late fee, before the date in a notice for unpaid rent, the agreement is not terminated. This works only twice in a 12-month period. We found no rule on whether accepting rent after the termination date cancels a notice, and no "use and occupation only" rule.
If the tenant stays, the landlord applies to the Residential Tenancies Office, and the Sheriff enforces any order.
Newfoundland and Labrador eviction process | Newfoundland and Labrador tenant rights
Related questions
Does a landlord waive an eviction notice by accepting partial rent?
Not automatically. Manitoba says accepting a partial payment does not waive the notice unless the landlord advises in writing that the tenant may stay. Saskatchewan, Ontario and Prince Edward Island say taking arrears after a notice does not waive it unless the parties agree (in writing in Saskatchewan and Prince Edward Island). In British Columbia, a landlord who keeps taking rent for the time after the notice's effective date without "use and occupancy only" receipts may be seen as continuing the tenancy.
Does paying part of the rent cancel an unpaid rent notice?
No, in the provinces where paying cancels a notice, the rules we found ask for all the rent owing. That is all rent due by the termination date in Alberta, within 5 days in British Columbia, the full amount plus prescribed costs by the date on the notice in Manitoba, before the landlord files in Ontario, within 7 days in New Brunswick, and within 10 days in Nova Scotia and Prince Edward Island. Newfoundland and Labrador also asks for any late fee, and only works twice in a 12-month period.
Does a landlord have to accept a partial rent payment?
We found no rule in the provinces covered here that forces a landlord to take part of the rent. British Columbia says a landlord may agree to accept rent later than the due date but does not have to. If you want to pay in parts, ask for the arrangement in writing before you pay.
Can a landlord take partial rent and still evict?
It depends on the province. In Saskatchewan, Ontario and Prince Edward Island, taking arrears after a notice does not by itself waive it unless the parties agree (in writing in Saskatchewan and Prince Edward Island), and in Manitoba and British Columbia what the landlord says and does when taking the money matters. In Alberta, Nova Scotia and Newfoundland and Labrador we found no rule. If the tenant stays, the landlord must still apply to the tenancy tribunal for an order. See can a landlord evict for one month of late rent.
What should a landlord write when accepting a partial payment?
As SQRFT advice, not law, say in writing at the time what amount you received, what period it covers, and whether you are still treating the notice as in force. In Manitoba the law asks for written confirmation, and in British Columbia a receipt marked "for use and occupancy only" supports the landlord. Keep a copy.
What if my landlord keeps taking rent after the notice?
Keep every receipt and write down what the landlord says. In Saskatchewan and Prince Edward Island the person claiming a waiver must prove it, so records matter. In British Columbia a notice can be waived by the express or implied consent of the landlord, and in New Brunswick taking money for something other than past use and occupation after the tenancy ends creates a new tenancy if no new lease was signed.
Is a partial payment applied to old rent or new rent first?
In New Brunswick, any payment you make goes first to rent arrears. For the other provinces covered here we found no rule on the order a landlord must apply a partial payment. Write on the payment which month it is for and keep the receipt.
Do I still owe rent if I have an eviction notice?
Yes. The Prince Edward Island Rental Office says a tenant with an eviction notice still owes rent until they move out, and Alberta and New Brunswick give a landlord compensation for use and occupation after a tenancy ends.
Does the landlord need a tribunal order if I don't leave?
Yes. A notice alone does not remove you: the landlord must apply to the tenancy tribunal, such as the Residential Tenancy Branch in British Columbia or the Landlord and Tenant Board in Ontario, and a bailiff or sheriff carries out the order. See how long it takes to evict a tenant and how do I fight an eviction.
Government sources
- Alberta: Ending a tenancy
- Alberta: Residential Tenancies Act
- BC: Paying rent
- BC: Landlord notice to end tenancy
- BC Residential Tenancy Policy Guideline 11
- Manitoba RTB: Giving notice for non-payment of rent
- Manitoba: The Residential Tenancies Act
- Saskatchewan: The Residential Tenancies Act, 2006
- Saskatchewan: Settling disputes and steps to a hearing
- Ontario: Residential Tenancies Act, 2006
- Landlord and Tenant Board: If a tenant does not pay rent
- New Brunswick: Residential Tenancies Act
- Nova Scotia: Residential Tenancies Act
- PEI: Residential Tenancy Act
- PEI Rental Office: FAQs
- Newfoundland and Labrador: Residential Tenancies Act, 2018
- Newfoundland and Labrador: Policy on failure to pay rent
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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