Facing eviction for unpaid rent can be stressful. This plain-language guide explains what tenants in New Brunswick need to know about non-payment evictions, including the notice a landlord must give, typical timelines, the formal forms to file, and how the Residential Tenancies Tribunal handles disputes. You will find practical steps to respond, options for payment arrangements, documentation to gather, and how to request a hearing or mediation. The guide also explains tenant responsibilities, possible landlord remedies, and ways to seek help from community services or legal clinics. Read on to learn how to protect your tenancy, meet procedural deadlines, and take confident, informed action if you fall behind on rent.
Understanding the eviction process
In New Brunswick, evictions for non-payment are governed by provincial tenancy law and handled by the official Residential Tenancies Tribunal. The law explains when a landlord can begin an eviction, what notices must be served, and how hearings work.[1] The Tribunal provides information on how applications are filed and decided, and it is the place to dispute a non-payment notice or ask for more time.[2] Official forms are used to start or respond to the process; using the correct form and following filing rules is essential.[3]
Notice and timelines
- Landlord must serve a written notice that explains the amount owed and the deadline to pay; this notice often uses an official termination form.[3]
- Deadlines to pay or respond can be short, so note dates, keep copies, and act immediately.
- If you pay the full amount owed before the eviction order is final, you may be able to stop the eviction—keep receipts and proof of payment.
Common official forms and when to use them
Typical documents include a landlord's Notice to Terminate for Non-Payment (used to start the eviction process) and an Application to the Residential Tenancies Tribunal (used by either party to ask for a decision).[3] Example: if you receive a termination notice claiming $800 in arrears, the landlord will usually file that notice to formally begin the process; you can then pay, negotiate, or file the appropriate response form to request a hearing.
How to respond and protect your tenancy
- If you can, pay the outstanding rent immediately and get a dated receipt or bank confirmation.
- Gather evidence: receipts, bank records, messages with the landlord, and copies of the notice.
- Contact your landlord to discuss a payment plan or to confirm the amount they say you owe; follow up in writing.
- If you disagree, file the correct Tribunal response or application before the deadline and ask for a hearing.
- Attend any hearing and bring originals or copies of all documents and witnesses who can support your case.
FAQ
- Can my landlord evict me immediately for non-payment?
- No. Landlords must follow the legal process, which includes serving the correct notice and, if unresolved, bringing the matter to the Residential Tenancies Tribunal for a decision.
- What if I can pay part of the rent but not all?
- Try to reach an agreement with your landlord and document it. Partial payment may reduce pressure but does not automatically stop an eviction—file for the Tribunal if needed.
- Which forms do I need to respond to a non-payment notice?
- You typically need the Tribunal response or application forms specified by Service New Brunswick; use the official form number listed by the Tribunal and follow filing instructions.[3]
How-To
- Read the notice carefully and note the deadline to pay or respond.
- If possible, pay the arrears and obtain dated proof of payment.
- Collect all supporting documents: receipts, photos, emails, and logs of conversations.
- Contact the landlord to propose a solution and follow up in writing.
- File the appropriate application or response with the Residential Tenancies Tribunal before the deadline and request a hearing if needed.[2]
- Attend the hearing, present your evidence clearly, and ask for a decision in writing.
Key Takeaways
- Act quickly: note deadlines and respond promptly to notices.
- Keep clear records of payments and communications to support your case.
- Seek help early from tenant resources, legal clinics, or the Tribunal if you cannot resolve the issue.
Help and Support / Resources
- Residential Tenancies Tribunal information and contacts
- Residential Tenancies Act (New Brunswick)
- Tenant forms and filing instructions from Service New Brunswick
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