Rent Arrears Repayment Plans: Tenant Rights in Newfoundland and Labrador

Falling behind on rent payments can be stressful, but in Newfoundland and Labrador, tenants have important rights and options when it comes to repaying arrears and staying in their homes. This guide explains how repayment plans work, what laws protect you, and how to communicate effectively with your landlord if you need help catching up on rent. All information is current and based on official government sources.

Understanding Rent Arrears and Tenant Rights

Rent arrears simply means money owed for overdue rent. In Newfoundland and Labrador, tenants who fall behind have legal protections and opportunities to repay what they owe—rather than facing immediate eviction.

The main law protecting tenants is the Residential Tenancies Act, 2018 (Newfoundland and Labrador)^[1]. This legislation sets out:

• How much notice tenants must receive before eviction for rent arrears
• How repayment plans can be established
• Processes for resolving disputes through the Residential Tenancies Tribunal

For a full summary of local tenant and landlord laws, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

What Happens If You Miss Rent Payments?

If you miss a rent payment, your landlord can give you an official notice under the Act. Typically, this is a written demand for payment—if the rent isn’t paid by the deadline, eviction proceedings may follow. However, tenants often have the option to work out a payment plan.

Notice Required Before Eviction

Landlords must give you a notice under Section 19 of the Act if you owe rent. This notice gives a specified period (generally 10 days) to pay what’s owed or vacate. If you pay the arrears in full within this time, the notice is void and you may stay in your home.

How Rent Arrears Repayment Plans Work

Repayment plans let tenants catch up on overdue rent gradually, usually by spreading out payments over an agreed period. A formal, written agreement is strongly recommended for clarity and legal protection.

• Who creates the plan? Either party can propose it, but both the landlord and tenant must agree in writing.
• What should it include? The total arrears, the timeline for repayment, payment amounts and due dates, and what happens if payments are missed.
• Is a repayment plan legally binding? Yes—once signed, it’s an enforceable agreement.

If you and your landlord need help reaching an agreement or resolving a dispute around arrears, you can apply to the Residential Tenancies Tribunal of Newfoundland and Labrador for a formal hearing or mediation.

Relevant Official Forms

• Notice to Terminate a Rental Agreement—Residential (Form RTSS-7): Used by landlords to officially begin eviction over unpaid rent. Tenants should only receive this form if the arrears are not repaid after a written demand.
  Official source: NL Government Tenancy Forms
  Example: If you receive this notice but want to stay, quickly negotiate a repayment plan with your landlord before the notice period ends.
• Application for Dispute Resolution (Form RTSS-12): Used by tenants (or landlords) to request a hearing with the Tribunal if you cannot reach agreement about arrears or if you believe an eviction notice is unfair.
  Official source: Download Form RTSS-12
  Example: Use this if your landlord refuses a reasonable repayment arrangement or starts eviction you believe is unjustified.

How to Set Up a Rent Arrears Repayment Plan

Setting up a repayment plan is a practical step that can help you avoid eviction and extend your time to repay owed rent. Here are the basic steps:

• Review your finances and determine what you can realistically afford to pay each month toward your arrears, in addition to your regular rent.
• Contact your landlord in writing, proposing a structured plan (e.g., “I will pay $200 per month in addition to my regular rent over 5 months”).
• Negotiate the terms as needed. Make sure both parties agree in writing—keep a copy for your records.
• If you and your landlord cannot agree or you feel the landlord is being unreasonable, contact the Tribunal for assistance or file an application using Form RTSS-12.

It is best to be as specific and transparent as possible in your communication and to honour all agreed-upon payments.

For more on your duties after a lease is signed—including paying rent and handling arrears—see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips and Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Summary: Repayment Plans at a Glance

• Protect you from immediate eviction if followed
• Must clearly outline payment amounts and dates
• Are enforceable by the Tribunal if either party does not comply

Staying in regular contact and keeping honest records is your best protection as a tenant. If you’re unclear about your rights or next steps, get advice from the Newfoundland and Labrador Residential Tenancies Tribunal.

Further Support and Finding Rentals

If you ever face the end of a tenancy due to arrears, or want to explore new housing options, you can find rental homes across Canada on Houseme for current, verified listings.

FAQs About Rent Arrears and Repayment Plans in Newfoundland and Labrador

1. Can a landlord refuse a repayment plan?
   A landlord is not required to accept every proposed plan, but they are encouraged to work with tenants. If you believe your proposal is reasonable and the landlord is still unwilling, you may request help from the Residential Tenancies Tribunal.
2. Will an eviction automatically happen if I miss a rent payment?
   No. The landlord must give you proper written notice and wait the required period. If you pay the arrears before the deadline, you usually can stay.
3. What if I fall behind on a repayment plan?
   If you miss payments under an agreed plan, the landlord may proceed with eviction. You may still have the right to apply to the Tribunal for additional time or dispute the process.
4. Is there a standard repayment plan form?
   No official template exists; you and your landlord may draft one together. But all key details—total arrears, amounts, and deadlines—should be clearly stated in writing.
5. Where can I get help setting up a plan?
   You can contact the Residential Tenancies Tribunal or community legal clinics for advice on your specific situation.

Key Takeaways on Repayment Plans

• Repayment plans help tenants catch up on rent without immediate risk of eviction.
• Put all agreements in writing and keep copies for your records.
• The Residential Tenancies Tribunal can help if you cannot reach a fair agreement with your landlord.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of Newfoundland and Labrador - Forms, contacts, and dispute resolution
• Community Legal Information – Tenant advocacy and advice
• Tenant Rights and Landlord Rights in Newfoundland and Labrador – Overview of local rental law
• For step-by-step rental listing resources, Explore Houseme for nationwide rental listings

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. Residential Tenancies Tribunal of Newfoundland and Labrador
3. Government of NL: Tenancy Forms

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