Disputing Rent Arrears and Back Rent in New Brunswick

If you’re a tenant in New Brunswick faced with a claim from your landlord for arrears (unpaid rent) or back rent, it’s important to understand the dispute process, your rights under provincial law, and how to take timely action. This guide walks you through when and how you can dispute arrears or back rent, links to official resources, and offers practical tips for tenants.

Understanding Arrears and Back Rent

Arrears (unpaid rent) can arise if you miss one or more rent payments or if there is a disagreement about how much rent you owe. Landlords can pursue unpaid rent or issue eviction notices if arrears aren’t resolved. However, as a tenant, you have the right to dispute these claims if you believe them to be incorrect or unfair.

Your Legal Rights as a Tenant

• Landlords must provide proper documentation if they claim you owe arrears.
• Tenants have the right to respond to, and dispute, any arrears claim before any order for payment or eviction can be made.
• All disputes are overseen by the New Brunswick Residential Tenancies Tribunal, the official authority for residential tenancies in the province.
• Your rights are governed by the Residential Tenancies Act of New Brunswick.

Tenants and landlords both have specific rights and responsibilities in any rental relationship. For a broader understanding, the page Tenant Rights and Landlord Rights in New Brunswick covers general tenant protections and obligations in the province.

How to Dispute a Claim for Arrears or Back Rent

If your landlord says you owe arrears, you don’t have to accept the claim without question. Here’s what you should know and do:

• Ask your landlord for a detailed, written explanation or accounting of what is owed.
• Check your lease, payment receipts, and bank records for evidence of what you have paid.
• If you disagree with the landlord’s claim, notify them in writing ASAP, explaining your reasons.
• If you cannot settle the matter privately, the landlord may apply to the Tribunal to seek an order for arrears or to evict you.

Responding to a Notice of Hearing or Application

If your landlord files a claim, the Residential Tenancies Tribunal will notify you, usually with a Notice of Hearing or an Application to terminate the tenancy. This is your opportunity to present your side.

• Form 6 - Application by Landlord: This form is used by landlords to start proceedings for arrears or eviction. You will be served a copy if your landlord files it.
  Find the official Form 6 and process here.
  Example: You receive Form 6 and notice a hearing is scheduled 7 days later. You must act swiftly to gather proof and respond.
• Form 15 - Written Response by Tenant: Use this form to respond to a landlord’s application. State your version of events and include supporting documentation (e.g., proof of payment).
  Download Form 15 from the NB Tribunal site.
  Example: Your landlord says you missed a rent payment. You attach bank statements showing payment was made on time and submit Form 15.

Attending the hearing and submitting your response on time is crucial so your case can be heard fairly.

Tips for Tenants Involved in a Dispute

• Keep records of all rent payments (receipts, e-transfers, etc.)
• Communicate with your landlord in writing and keep a copy of all correspondence
• Submit all evidence to the Tribunal by the deadlines provided
• Prepare to explain your side clearly during the hearing

For more on your rent responsibilities, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips. Tenants who face issues like rent disputes often find it helps to review their rights and obligations throughout the tenancy.

If you’re searching for a new place during or after a dispute, remember you can Browse apartments for rent in Canada easily with map-based searches.

Frequently Asked Questions

1. Can my landlord evict me immediately if I owe back rent?
   No, your landlord must follow formal notice and Tribunal procedures before any eviction for arrears can take place.
2. What if I paid some but not all of my rent?
   Partial payments are recorded by the Tribunal, but you may still face a claim for the outstanding amount. Always provide proof of what you paid.
3. How do I challenge a landlord’s claim that I owe rent?
   You can use Form 15 to respond with your evidence and attend the Tribunal hearing to dispute the claim.
4. Will a rent arrears dispute affect my ability to rent elsewhere?
   It may, especially if an eviction order is granted. Good communication and prompt resolution will help safeguard your rental history.
5. Is there a fee to submit a tenant response?
   There is currently no fee for tenants to file a written response (Form 15) with the NB Tribunal.

Conclusion: Key Takeaways for New Brunswick Tenants

• Tenants can dispute claims for arrears or back rent through the New Brunswick Residential Tenancies Tribunal.
• Use official forms (especially Form 15) and respond by Tribunal deadlines.
• Keep thorough payment records and written communications for your protection.

With knowledge of your rights and prompt action, most arrears situations can be addressed fairly and transparently.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – Official forms, information, and contact details
• Contact the NB Residential Tenancies Tribunal – For dispute support and advice
• Legal Aid New Brunswick: 1-888-442-4420 – Support for low-income tenants
• Read more on Tenant Rights and Landlord Rights in New Brunswick

---

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

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy