Consequences of Paying Rent Late in New Brunswick

Many tenants in New Brunswick face challenges paying rent on time due to unexpected financial or personal circumstances. If you’re worried about late rent payments, it’s important to understand what can happen if you pay rent late, what your rights are under New Brunswick’s tenancy laws, and the steps you can take to protect your tenancy. This guide explains the potential consequences, official forms, and tips to help you navigate this situation safely.

Late Rent: What New Brunswick Tenants Need to Know

Under the Residential Tenancies Act of New Brunswick, you are legally required to pay your rent in full and on time every month. If you miss your payment, your landlord has rights and specific procedures they must follow—so do you as a tenant.

What Happens If You Pay Rent Late?

• Your landlord can issue a written notice if your rent is late, starting the eviction process if the payment remains unpaid.
• Repeated late payments—even if you pay before eviction—can still put your tenancy at risk.
• You may be charged a reasonable late payment fee if stated in your lease.

A single late payment usually won’t result in immediate eviction, but consistent lateness is a problem. Communication with your landlord is key if you’re struggling to pay on time.

Official Notice and Forms: Termination for Non-Payment

In New Brunswick, if you miss your rent payment:

• Your landlord may issue a Notice to Quit for Non-Payment of Rent (Form 1).
• This form provides official notice and gives you seven days to pay the overdue rent in full to avoid eviction.

Example: If your rent was due on June 1 and you didn’t pay, your landlord could give you Form 1 on June 2. If you pay everything you owe before the seven days is up, your tenancy continues. If you don’t, your landlord can apply to terminate your tenancy and have you evicted.

• View and Download Form 1: Notice to Quit for Non-Payment of Rent (PDF)

What If You Disagree With a Notice?

If you believe the notice was unjustified (for example, you already paid rent), you can contact the Residential Tenancies Tribunal of New Brunswick to dispute the notice or explain your circumstances. It’s important to act quickly, as timelines are strict.

Your Rights and Responsibilities

• You have the right to written notice and a chance to make payments before being evicted for late rent.
• Your landlord must follow the legal process; they cannot evict you without notice or by changing locks.

For a more detailed explanation of tenant and landlord rights, see Tenant Rights and Landlord Rights in New Brunswick.

Tips to Avoid Issues With Late Rent

• Notify your landlord in writing as soon as you know you might pay late and propose a payment plan.
• Keep copies of correspondence and payment records.
• Know your lease terms—some may include details about grace periods or late fees.
• Be proactive: multiple late payments can make it easier for a landlord to ask for your tenancy to end.

What Counts as “Late”? Understanding Your Lease

Most leases specify a due date (usually the first day of the month). Unless there’s a grace period stated in your agreement, any payment after the due date is considered late in New Brunswick.

If you pay by cheque and it bounces, your rent is not considered paid. Your landlord can act as if payment was never received.

Can You Be Evicted for Paying Late Repeatedly?

Yes—while a single late payment typically results in a notice and chance to catch up, repeated lateness or bounced cheques may give your landlord grounds to end your tenancy, as it shows you’re not meeting your rental agreement.

What Happens to Your Deposit?

If you are evicted for non-payment, your security deposit may be used to cover unpaid rent. For more on deposits and tenant rights, see Understanding Rental Deposits: What Tenants Need to Know.

Options If You Can’t Pay Rent

• Contact your landlord before rent is due to see if you can work out a repayment plan.
• Get advice from tenant support organizations (see Resources section below).
• Consider if you need to end your tenancy early—use the proper forms and steps to avoid further penalties.
• Explore Houseme for nationwide rental listings if you need to find a more affordable home or change your rental situation.

Stuck or concerned about your legal rights? The Residential Tenancies Tribunal is your main resource for forms, deadlines, and dispute resolution in New Brunswick.

1. What should I do if I receive a Notice to Quit for Non-Payment?
   If you receive this notice (Form 1), you have seven days to pay all overdue rent. If you pay, the notice is cancelled; if not, your landlord can move forward with eviction.
2. Can my landlord charge late fees in New Brunswick?
   Late fees can only be charged if they’re included in your rental agreement and must be reasonable. Check your lease and ask your landlord for written clarification if you’re unsure.
3. Can I be evicted if I’m late with rent one time?
   One late payment usually results in a notice and the chance to pay up. Eviction generally happens only if rent remains unpaid or you are late repeatedly.
4. Where can I get help if I can’t pay my rent on time?
   You can contact the Residential Tenancies Tribunal for information about options, or reach out to local tenant support offices. See the Resources section for more information.

Key Takeaways for Tenants

• Late rent puts your tenancy at risk, but you have the right to notice and time to pay.
• Act quickly: respond to notices and contact your landlord or the Tribunal if you need help.
• Repeated late payments can lead to eviction, even if you pay off individual arrears each time.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Information and Contact: Handles disputes, forms, and advice
• Tribunal Regional Offices
• For tenants facing hardship, local legal aid or advocacy groups may also offer help

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal of New Brunswick

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