In New Brunswick, once a landlord serves you with a formal Notice to Vacate for unpaid rent, you have exactly 7 days to pay the total amount owed. If you pay the full arrears within this grace period, the eviction notice is automatically cancelled, and you can stay in your home.
Falling behind on rent can be an incredibly stressful experience. Whether you live in a bustling apartment in Moncton, a basement suite in Fredericton, or a historic flat in Saint John, life’s unpredictable emergencies can sometimes disrupt your finances.
If you miss a rent payment, your landlord cannot simply kick you out the next day. New Brunswick tenancy laws provide a specific, legally protected grace period to help you catch up on your rent before any eviction takes place. Understanding these timelines is crucial to protecting your housing. 🕑
Step-by-Step Process in New Brunswick
When rent is late, the eviction process follows a strict legal timeline managed by the Residential Tenancies Tribunal (RTT). Knowing what to expect at each stage can help you navigate the situation calmly.
Step 1: Receiving the Notice to Vacate
If your rent is late, even by one day, your landlord has the legal right to serve you with a formal document called a “Notice to Vacate.”
This notice must be provided in writing. It will explicitly state the amount of rent you owe and the deadline by which you are expected to leave the property if the debt remains unpaid.
Step 2: The 7-Day Payment Window
From the exact date you receive the Notice to Vacate, the clock starts ticking on your 7-day grace period. 💰
During this week, your primary goal should be to pay the late rent in full. According to the Residential Tenancies Act, if you manage to pay the entire outstanding balance within these seven days, the Notice to Vacate becomes void. The landlord must accept the payment and cannot proceed with the eviction.
Step 3: What Happens if You Cannot Pay
If the 7-day window passes and you have not paid the rent, the eviction notice remains active. Generally, the notice will require you to move out within 15 days from the date you originally received the document.
If you disagree with the notice or believe the landlord made an error regarding your payment history, you must contact the RTT to dispute the notice within the timeframe listed on the form.
Step 4: Seeking Emergency Assistance
If you are struggling to gather the funds within the 7 days, do not ignore the problem. Many tenants reach out to the New Brunswick Department of Social Development or local community charities. 🤝
There are provincial programs designed to offer emergency rental assistance to prevent homelessness. Communicating proactively with your landlord about your plan to secure these funds may also encourage them to be more patient.
How Much Does it Cost in New Brunswick?
Facing a rent dispute usually involves financial strain, so it is important to know what extra fees you might be legally required to pay.
| Potential Expense | Estimated Cost (CAD) | Description |
|---|---|---|
| Late Rent Fees | Varies by Lease | Landlords can only charge a late fee if it is specifically written into your signed lease agreement, and it must be a reasonable amount. |
| RTT Dispute Filing | Free ($0) | There is no government fee for a tenant to contact the Residential Tenancies Tribunal for help or to dispute a notice. |
| Legal Consultation | $150 – $300 | Optional. You may consult a local law firm if your landlord is acting illegally, though the RTT handles most residential matters for free. |
- Partial Payments: Offering to pay half the rent does not legally cancel the eviction notice. The landlord can accept a partial payment but still proceed with eviction if the full balance is not cleared within 7 days.
- Security Deposits: Your landlord cannot automatically seize your security deposit to cover late rent while you are still living there. The deposit is held by Service New Brunswick (SNB) and is only processed after you move out.
How Long Does the Process Take?
The timeline for a rent-related eviction in New Brunswick is incredibly fast compared to other Canadian provinces.
Once the rent is past due, the landlord can serve the notice immediately. You then have exactly 7 days to pay the arrears to cancel the eviction. If you cannot pay, the law requires you to vacate the rental unit within 15 days of receiving the notice. If you remain in the unit past 15 days without paying, the landlord will apply to the RTT for an immediate Eviction Order to have you removed by the Sheriff.
Frequently Asked Questions (FAQ)
Can the landlord change my locks after 7 days?
No. It is strictly illegal for a landlord in New Brunswick to change your locks, shut off your utilities, or physically remove your belongings, even if you missed the 7-day payment window. Only a provincial Sheriff can execute an eviction.
Does the 7-day period include weekends?
Yes, the 7-day grace period generally includes weekends and holidays. It is calculated as consecutive calendar days from the moment you receive the official notice.
What if the landlord refuses to accept my full payment on day 6?
If you attempt to pay the full amount owed within the 7-day window and the landlord refuses it to force an eviction, keep proof of your attempted payment (like a timestamped e-transfer or a bank draft). Contact the RTT immediately to report this illegal refusal.
Can I be evicted in the winter for unpaid rent?
Yes. Unlike some myths suggest, there is no “winter eviction ban” in New Brunswick. You can legally be evicted for non-payment of rent during any month of the year.
Do I need to hire a lawyer to stop an eviction?
Generally, you do not need a lawyer. The Residential Tenancies Tribunal is designed to help landlords and tenants resolve disputes without expensive legal representation. However, you can consult a legal aid clinic if you feel overwhelmed.
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