What landlords can charge for NSF cheques
Landlords commonly pass on the bank NSF fee or charge an administrative fee when a tenant's cheque bounces, but charges must be reasonable, documented, and tied to an actual cost. Tenants should check their lease for any specified fees, and remember that a single bounced cheque does not automatically remove tenant protections. If you have questions about rent methods or allowed fees, see the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for practical payment options and rights.
- Landlords may request the tenant to cover the bank's NSF fee and a reasonable administrative charge; keep a clear receipt if charged.
- Late fees may apply if rent is unpaid after a grace period, but they must be consistent with the lease terms and provincial rules.
- Repeated bounced payments can affect landlord trust and may lead to stricter payment requirements (certified cheque or e-transfer).
What to do if your cheque bounces
- Contact your landlord immediately to explain the situation and agree on a timeline for replacement payment.
- Replace the payment promptly with certified funds, an e-transfer, or another guaranteed method to prevent additional charges or enforcement action.
- Keep records: bank NSF notices, proof of replacement payments, and any messages or receipts from the landlord as evidence.
- If a landlord charges an amount you believe is unfair, request an itemized bill in writing and consider applying to the Residential Tenancies Tribunal for a decision[1].
Official forms and when to use them
Service New Brunswick provides the official routes and forms to resolve tenancy disputes. You will usually use a form to request a hearing or to respond to a landlord's application. If you need to start a formal dispute about an NSF charge or an alleged unpaid rent amount, use the tribunal application process described below[3].
- Application to the Residential Tenancies Tribunal — Use this to ask the tribunal to decide a dispute, for example if you disagree with an NSF fee or an eviction notice; the form explains the information required and filing steps.
- Notice to Terminate a Tenancy (or landlord's notice) — If a landlord serves a notice related to unpaid rent, review the notice carefully and follow the response timeline stated.
- Evidence checklist or attachments — When filing, include bank statements, receipts, and written communications to support your position.
FAQ
- Can a landlord charge me for an NSF cheque in New Brunswick?
- Yes. A landlord may recover reasonable fees tied to costs incurred (such as the bank NSF fee or a modest administrative charge), but any charge should be documented and consistent with provincial rules and the tenancy agreement.
- Will one bounced cheque lead to eviction?
- Not automatically. Eviction requires a legal process and usually a failure to pay rent that the landlord follows up on. If you replace the payment promptly and communicate, eviction is less likely; repeated non-payment is more serious.
- How do I dispute an NSF fee I think is unfair?
- Gather evidence (bank notices, communication, receipts), ask the landlord for an itemized charge in writing, and if unresolved, apply to the Residential Tenancies Tribunal to have the matter decided formally[1].
How-To
- Contact your landlord immediately, explain the reason and propose a payment timeline.
- Confirm any deadlines for repayment or response to avoid a formal notice or escalation.
- Replace the bounced cheque with a guaranteed payment method and get a written receipt.
- Save proof of all payments and communications; organize them for quick reference if you need to file a dispute.
- If the landlord's charge seems unreasonable, file an application with the Residential Tenancies Tribunal and include your evidence[3].
Key Takeaways
- Keep clear records of bank notices, receipts, and messages related to any bounced payment.
- Replace payments promptly with certified funds or e-transfer to limit fees and risk.
- Use the Residential Tenancies Tribunal when you cannot resolve an unfair charge directly with your landlord[1].
Help and Support / Resources
- Residential Tenancies Tribunal - tenant help (Service New Brunswick)
- Residential Tenancies Act (New Brunswick) - official legislation
- Tenancy forms and application guides (Service New Brunswick)
