Many tenants in New Brunswick face short-term money problems that can lead to rent arrears and the risk of eviction. This guide explains practical, tenant-focused options for avoiding eviction, how repayment agreements work, and what to expect if a landlord applies to the Residential Tenancies Tribunal. You ll find plain-language steps for documenting arrears, proposing a repayment plan, and using official forms where needed. The aim is to help renters keep their housing, understand key deadlines, and prepare for tribunal procedures if informal negotiation doesn t resolve the issue.
What is a rent arrears agreement?
A rent arrears agreement is a written plan between you and your landlord that sets out how missed rent will be repaid over time. It is not automatic: both parties must agree to the terms. Agreements commonly include the overdue amount, regular payment dates, and consequences for missed instalments. If you reach an agreement, keep a signed copy and proof of payments.
Eviction alternatives for tenants in New Brunswick
Before a landlord applies to the tribunal, consider these options. Each option tries to resolve arrears without eviction and preserves tenancy where possible.
- Propose a written repayment plan that splits arrears into manageable instalments.
- Make a partial payment and negotiate updated due dates to show good faith.
- Ask for mediation or facilitation if communication has broken down.
- Consider mutual early termination with agreed move-out terms if staying is impossible.
How to prepare and negotiate a repayment plan
Preparation makes negotiation more effective. Gather proof of payments, your lease, and written communication with your landlord. A clear written proposal increases the chance the landlord will accept your offer and may be used at a tribunal hearing if needed.
- Collect records: copies of lease, rent receipts, bank statements and messages about the arrears.
- Propose specific amounts and dates so the plan is easy to follow.
- Request a signed copy from the landlord that states consequences for missed payments.
Official steps if negotiation fails
If the landlord files an application with the Residential Tenancies Tribunal, you will receive official notice and a hearing date. The Tribunal handles residential tenancy disputes in New Brunswick and provides forms and rules for applications and responses.Residential Tenancies Tribunal[1] If you need to reference the law governing tenancy rights and eviction, consult the province s Residential Tenancies legislation.Residential Tenancies Act (New Brunswick)[2] Official application and response forms are available from provincial resources and explain required documents, deadlines and filing methods.Residential Tenancies forms[3]
When to use official forms and which ones matter
Common official documents you may need:
- Application to the Residential Tenancies Tribunal (use when a landlord or tenant starts a dispute) Example: a landlord files to evict for arrears and you must respond at the Tribunal hearing.
- Response form to a tribunal application (use to state your side and attach evidence) Example: you submit receipts and a signed repayment agreement before the hearing.
- Proof of rent paid (receipts, bank records) Example: show these at hearing to contest the arrears amount.
FAQ
- What if I can t pay the full arrears amount right away?
- You can propose a repayment plan to your landlord and document all offers in writing; if a tribunal hearing occurs, bring your proposal and proof of payments. For provincial procedures, see the Residential Tenancies Tribunal resources.[1]
- Can a landlord evict me immediately for arrears?
- No. Landlords must follow tribunal procedures and provide notice; they may apply to the tribunal for an eviction order if arrears are not resolved. Attend any hearing and present evidence to defend your tenancy.
- Should I get legal or community assistance?
- Yes. If possible, contact tenant advice services or legal aid early. These services can help you prepare documents and attend hearings.
How-To
- Gather documents: collect lease, receipts, bank statements and messages showing rent history.
- Draft a written repayment proposal with exact amounts and dates, and deliver it by email or recorded delivery.
- If the landlord files, complete and file the tribunal response form with evidence before the deadline.
- Attend the hearing, present your signed agreement, payment proof and explain your plan to the adjudicator.
Help and Support / Resources
- Residential Tenancies Tribunal - Service New Brunswick
- Residential Tenancies Act (New Brunswick)
- Official Residential Tenancies forms
- [1] Residential Tenancies Tribunal - Service New Brunswick
- [2] Residential Tenancies Act (New Brunswick)
- [3] Residential Tenancies forms
Further reading: Tenant''s Guide to Paying Rent: Rights, Responsibilities, and Tips and Tenant Rights and Landlord Rights in New Brunswick. For housing search support, Find rental homes across Canada on Houseme.
