Unpaid Rent
If you have unpaid rent (or “arrears”) the landlord can apply for an order to evict you, but they must give you the proper Notice first. Your rent is in arrears if it’s not paid on the date it is due in your lease, usually the first day of the month. Your landlord can evict you if any of the rent is unpaid, even if you have paid a portion of it.
A tenant can have a Notice to Quit (Form D) automatically set aside by paying the rent they owe in full (i.e. you can’t just pay what you owe for that month, you must pay the entire amount).
As of April 2025 - if you are late on rent 3 times, the landlord can file to evict you, even if you are not currently in arrears. The Regulations do not specify how close together these late payments need to be.
Forms
Form D: Notice to Quit for Rental Arrears
Informs a tenant they are in rental arrears and have to leave on the date specified if they do not pay.
Form K: Application to the Director – Rental Arrears
A special application for landlords seeking an Eviction Order for rental arrears
Timeline
A Form D can only be served after the rent has been late for 3 days. If rent is due on the 1st, this means a Form D can only be served on the 4th.
A tenant has 10 days from the date they receive the Form D to pay the unpaid rent. If they do so, the Form D is set aside. A tenant can also apply to challenge the Notice. See Disputes & Resolutions for more details.
If a tenant does not challenge the Notice, pay rent within 10 days, or move out on the date listed, the landlord can file for an Eviction Order using a Form K. These forms do not require a hearing, and Residential Tenancies typically grants an Eviction Order within one week of filing.
Hearing Process
If the tenant challenges the Form D, a Residential Tenancies Officer will set a hearing date that the landlord and tenant can both attend to argue their case.
If the tenant does not challenge the Form D or pay rent and the landlord files a Form K, there is no hearing. Tenants in this situation do not get to have their side of the story heard and Residential Tenancies almost always grants an Eviction Order. With a Form K, Residential Tenancies can also order the tenant to pay back the rent owed and allow the landlord to keep the Security Deposit.
Previous Legal Decisions
An order for arrears is limited to the current month and any previous month’s rent. Residential Tenancies can’t order a tenant to pay the next month’s rent. (Grover v. Sulley Property and Investments Ltd., 2013 NSSM 59)
