Repayment Plans for Rent Arrears: Tenant Rights in New Brunswick

If you’re a tenant in New Brunswick and have missed rent payments, you may worry about eviction or losing your home. The good news is that renters have protections when it comes to rent arrears—and it is often possible to arrange a repayment plan with your landlord, avoiding immediate eviction and gaining time to catch up. This article explains your rights, the process of setting up a repayment plan, and what to expect under New Brunswick’s Residential Tenancies Act.

Understanding Rent Arrears in New Brunswick

‘Rent arrears’ simply means overdue rent that you owe under your lease or rental agreement. Landlords have the right to collect arrears, but as a tenant, you are protected by the rules set by the Residential Tenancies Tribunal of New Brunswick.

What Happens When You Fall Behind?

If you miss a rent payment, your landlord can issue a formal notice. However, they cannot immediately evict you. The process includes specific steps to ensure you have an opportunity to catch up or make arrangements.

• Landlord issues a ‘Notice to Quit’ or a demand for payment of arrears
• You may propose a repayment plan before or after receiving notice
• The Tribunal may become involved if no agreement is reached

If you want to know more about general obligations and what is expected from both you and your landlord, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Repayment Plans: Your Right to a Second Chance

A rent arrears repayment plan allows you to pay what you owe over a period of time, rather than all at once. These agreements must usually be in writing, and both you and your landlord should sign the plan.

• Flexible schedules: Plans can be weekly, bi-weekly, or monthly.
• Written agreement: Protect yourself by putting all details in writing.
• Tribunal approval: In some cases, repayment plans may be formalized through the Residential Tenancies Tribunal.

For broader context on what you should expect after your lease and rent arrangements, check What Tenants Need to Know After Signing the Rental Agreement.

Key Tribunal Forms for Tenants

• Application to the Residential Tenancies Tribunal: Tenancy Application Form
  If you cannot reach an agreement or feel your landlord is being unfair, you can file an application with the Tribunal. For example, if your landlord rejects your reasonable repayment plan or issues an eviction notice without following the rules, use this form to explain your situation and seek intervention.

Filing through the Tribunal gives both parties a chance to present their case and can often result in a mediated agreement.

Eviction and Repayment Plans

If you don’t pay rent or set up a repayment plan, eviction can eventually proceed. However, even after a Notice to Quit, you may be able to propose a repayment plan—and sometimes the Tribunal will grant more time if your circumstances justify it. Be sure to respond promptly to any official notices and keep all correspondence in writing.

Know Your Rights: Legislation and Protections

Your rights as a tenant are outlined in the Residential Tenancies Act (New Brunswick). The Act requires landlords to follow a specific legal process before any eviction for non-payment of rent and guarantees your right to dispute or negotiate repayment if you act on time.^[1]

You can also read a summary of Tenant Rights and Landlord Rights in New Brunswick for a quick overview.

Remember: Agreements are most successful if you stick to the payment schedule and maintain communication with your landlord or the Tribunal. If you need to rent elsewhere, Find rental homes across Canada on Houseme for a fresh start.

FAQs: Rent Arrears and Repayment Plans for New Brunswick Tenants

1. Can I be evicted immediately if I owe rent?
   No. Your landlord must issue a notice, and you have the right to propose a repayment plan or apply to the Tribunal.
2. What should a repayment plan include?
   It should list dates, amounts of each payment, and both parties’ signatures. Clarify what happens if you miss a payment.
3. Do I need Tribunal approval for my repayment plan?
   Not always, but going through the Tribunal offers added protection if your landlord disputes the plan.
4. What happens if I default on my repayment plan?
   The landlord can restart eviction proceedings, but you can still seek help from the Tribunal if you have a valid reason for defaulting.
5. Are there official forms for repayment agreements?
   You and your landlord can write your own plan, but if you’re filing a dispute or need Tribunal intervention, use their Application Form.

Key Takeaways

• You have the right to propose a written repayment plan if you owe rent in New Brunswick.
• The Residential Tenancies Tribunal can help mediate disputes and formalize agreements.
• Always keep repayment agreements in writing, respond to notices quickly, and don’t hesitate to seek help.

Understanding and asserting your rights helps you avoid unnecessary eviction and financial hardship.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Official Tenant-Landlord Information
• Residential Tenancies Act (NB): Legislation Text
• Tenant Rights and Landlord Rights in New Brunswick
• Legal Aid New Brunswick: Legal Help for Tenants

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1. Residential Tenancies Act, S.N.B. 1975, c. R-10.2
2. Residential Tenancies Tribunal of New Brunswick

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