What Happens If You Don’t Pay Your New Rent in New Brunswick

If you’re a tenant in New Brunswick and your landlord has increased your rent, you might be wondering what happens if you can’t—or won’t—pay the new amount. Understanding the rules, your rights, and possible next steps is key to avoiding eviction or legal trouble. This guide explains what happens when rent isn’t paid after a rent increase, what notices or forms to expect, and how to seek help if you’re at risk of losing your home.

Understanding Rent Increases in New Brunswick

Landlords can raise your rent in New Brunswick, but they must follow specific rules under the Residential Tenancies Act (New Brunswick). Rent increases can only occur once every 12 months, and written notice must be given at least three months before the new rent takes effect.¹

If you’re curious about how these rules compare nationwide, see Tenant Rights and Landlord Rights in New Brunswick.

What Happens If You Don’t Pay the New Rent?

If you continue to pay the old rent after a valid rent increase notice, your payment will likely be treated as partial rent. This means your landlord can consider the remaining amount owed as overdue or unpaid rent. Here’s what could happen:

• Notice to Vacate: If you don't pay the full increased rent, your landlord may give you a formal notice requiring you to pay or move out.
• Eviction Application: If you don’t resolve the issue, the landlord can apply to the Residential Tenancies Tribunal for an eviction order.
• Owing Money: Any unpaid rent (the difference between what you paid and the new amount) can be claimed against you, impacting your ability to rent in the future.

It’s important to act quickly if you’re unable to pay a rent increase. Open communication and knowing your options can help you avoid losing your home.

The Formal Process: Notices and Forms

Here’s what you can expect if you’re unable to pay the new rent after a lawful increase:

• Notice of Rent Increase: This is the landlord’s written notice, which must give you at least three months' warning of the new amount.
• Notice to Vacate (Form 2): If you don’t pay the new rent after it takes effect, your landlord can serve you a "Notice to Vacate for Non-Payment of Rent" (Form 2). This gives you 15 days to pay the outstanding amount or move out. Find Form 2 here. For example, if your increased rent started August 1 and you paid only the old rent, receiving this notice on August 2 requires you to pay the difference (and any other arrears) or leave within 15 days.
• Application for Eviction: If you don’t comply, your landlord can apply for an eviction order through the Residential Tenancies Tribunal. The Tribunal will review your case and decide whether eviction is justified. See all official tenancy forms.

How to Respond If You Can’t Pay the Increased Rent

If paying the new rent isn’t possible, here are your options:

• Talk to Your Landlord: Open a conversation to negotiate payment arrangements or a possible delay.
• Apply for Support: See if you qualify for rent subsidies or emergency housing assistance in New Brunswick.
• File a Dispute: If you believe the rent increase doesn’t follow the law, file a complaint with the Residential Tenancies Tribunal before or shortly after the new rent comes into effect.
• Review Your Rental Agreement: Check your lease terms and understand your obligations. You can read more about your post-lease obligations in What Tenants Need to Know After Signing the Rental Agreement.
• Plan for Moving: If it’s not possible to stay, start searching for a new place as early as possible. Explore Houseme for nationwide rental listings to find rental options across Canada.

Summary: Being proactive and knowing your rights can help protect your housing situation and financial reputation.

Related Legal Rights and Common Issues

Unpaid rent after a rent increase is a common dispute in New Brunswick. To avoid bigger problems, always:

• Keep records of all payments and correspondence
• Respond quickly to any notices you receive
• Know your rights—see Understanding Rent Increases: What Tenants Need to Know for an in-depth overview
• Review your responsibilities as described in the Residential Tenancies Act

Taking action early can give you more choices and protect your tenancy.

FAQ: Tenant Questions on Non-Payment of Increased Rent

1. Can my landlord evict me for not paying increased rent?
   Yes. If you don’t pay the new rent after a legal increase notice, your landlord can issue a Notice to Vacate (Form 2) and apply for eviction through the Residential Tenancies Tribunal.
2. What should I do if I can’t afford the new rent?
   Speak with your landlord, seek local rental assistance, and consider filing a dispute with the Tribunal if you believe the increase isn’t legal.
3. How much notice should I get before a rent increase?
   Landlords must give at least three months’ written notice for any rent increase in New Brunswick.
4. Can I just pay the old rent if I disagree with the increase?
   No. Paying only the old rent may lead to being served a Notice to Vacate for non-payment. Dispute the increase with the Tribunal instead of withholding payment.
5. Are there agencies that can help me if I’m facing eviction?
   Yes, several New Brunswick groups and the Residential Tenancies Tribunal can provide information and may refer you to legal or financial help.

Key Takeaways for Tenants

• Always read and respond promptly to rent increase notices
• If you can’t afford the new rent, explore support options before arrears build up
• Legal help is available—don’t wait until you receive a formal eviction notice

In summary, being informed and acting quickly can help you avoid eviction or debt related to unpaid rent after an increase.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick) – For filing disputes, forms, and official information
• Residential Tenancies Act (legislation)
• New Brunswick Department of Social Development – For emergency housing assistance: Housing Programs
• Community Legal Services & Tenant Advocacy: Local legal aid offices and tenant support organizations can offer guidance

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1. Residential Tenancies Act (New Brunswick)
2. New Brunswick Residential Tenancies Forms (Service New Brunswick)
3. Residential Tenancies Tribunal - Service New Brunswick

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