If you're renting a home or apartment in New Brunswick, you may be concerned about what happens if you miss a rent payment. This guide explains your rights and the eviction process for non-payment of rent, according to the latest rules from New Brunswick's residential tenancy laws.
Understanding Rent Obligations in New Brunswick
Paying rent on time is one of your main responsibilities as a tenant under the Residential Tenancies Act (New Brunswick)[1]. If you are late or miss a payment, your landlord can take specific legal steps, but they must follow the proper procedures to evict you for non-payment.
When Can You Be Evicted for Non-Payment?
In New Brunswick, a landlord can begin eviction proceedings if you do not pay rent when it is due. However, eviction does not happen instantly. Landlords are required to serve you with a written Notice to Vacate for non-payment of rent. This process is governed by the Residential Tenancies Tribunal, the official body for rental disputes.
- Notice Period: The landlord must give you a minimum of 7 days' written notice to vacate after missing your rent payment[2].The 7-day notice is a minimum; always check your lease terms and any local rules, as some cases require longer notice or different steps.
- Form Used: The landlord will typically serve a "Notice to Vacate for Non-Payment of Rent" form. You can see details and access forms on the Tribunal's official website.
- If the rent is paid in full (including any late fees) before the end date on the notice, the eviction process stops and you may remain in the rental unit.
What Happens After the Notice?
If you do not pay your rent or move out by the date on the notice, your landlord can apply to the Residential Tenancies Tribunal for an Eviction Order. The Tribunal will review both sides, and may schedule a hearing before making a decision. If an Eviction Order is granted, you must leave by the specified date or further enforcement may follow.
If you are facing eviction, act quickly: Communicate with your landlord, seek financial help if needed, and learn about your rights to avoid losing your home.
Your Rights and What to Do Next
Even if you receive a Notice to Vacate, you have legal rights. Here’s what to keep in mind:
- You are allowed to pay the overdue rent anytime before the eviction date to stop the eviction (unless you have already received three such notices in the last 12 months).Pay the overdue amount as soon as you can to stop eviction, and request written confirmation of any payment you make and the eviction status.
- You have a right to explain your situation and respond to the Tribunal if your landlord applies for an Eviction Order.
- If you believe you've been treated unfairly or disagree with the reasons, you can contact the Tribunal for help.
It's also helpful to understand all your responsibilities—like paying rent on time and keeping your unit in good shape. For more on this, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Official Forms and How They’re Used
- Notice to Vacate for Non-Payment of Rent (Form 3): Given to tenants when rent is not paid on time. Tenants can pay the overdue amount to stop eviction if done before the notice ends. View the official form here.Form 3 is the official Notice to Vacate for non-payment; view the official form on the Tribunal site and keep a copy of the completed form for your records.
- If the tenant does not pay, landlords may apply for an Eviction Order through the Tribunal after the notice period ends, using the application forms available on the Tribunal’s Forms & Resources page.
For details on how to best manage your rent payments, read Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
Key Facts for Tenants in New Brunswick
Rules about eviction for unpaid rent are clear in New Brunswick. Both landlords and tenants must follow the steps outlined in the law. Want to know more details about your province? Visit Tenant Rights and Landlord Rights in New Brunswick for a wider overview.
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Frequently Asked Questions
- How many days of notice must my landlord give if I miss rent in New Brunswick?
The landlord must provide at least 7 days' written notice to vacate for non-payment of rent. - Can I stop the eviction by paying the overdue rent?
Yes. If you pay all outstanding rent and fees before the date listed on the notice, the eviction process ends (unless you've received three notices within 12 months). - Which board handles eviction disputes in New Brunswick?
All rental disputes—including evictions—are handled by the Residential Tenancies Tribunal. - What should I do if I get a Notice to Vacate for unpaid rent?
Pay the rent as soon as possible, or contact your landlord if you can't. If necessary, contact the Tribunal for advice or to dispute the notice. - Is there help available for tenants facing eviction?
Yes. Contact the Tribunal or a local advocacy organization for advice and support if you're at risk of eviction.
Conclusion: Key Takeaways
- Landlords in New Brunswick must follow set legal procedures for eviction due to non-payment of rent.
- Paying overdue rent in time can often stop eviction, and you have the right to respond to any Tribunal notice.
- Resources and official forms are available from the Residential Tenancies Tribunal to help tenants facing eviction.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal – New Brunswick: Official forms, guides, and dispute resolution.
- Residential Tenancies Act (NB): Full text of New Brunswick's tenancy law.
- Community Legal Services (various): Free or low-cost legal advice. Check your city for local tenant support organizations.
- Residential Tenancies Act (NB): See the Act
- Residential Tenancies Tribunal (NB): Official Tribunal Page
