An eviction order can be frightening for any renter, but in New Brunswick you have options to challenge the decision and sometimes stay in your home while you appeal. This page explains, in simple language, when and how tenants can file an appeal, the typical deadlines to watch for, the evidence that strengthens your case, and what to expect at a tribunal hearing. It also covers practical steps you can take right away—like keeping records, requesting repairs, or applied for emergency supports—that make an appeal more effective. If you are unsure about forms or deadlines, this guide points to the official tribunal, required forms, and where to get help so you can act quickly and protect your rights.
What it means to appeal an eviction order
Appealing an eviction order asks the Residential Tenancies Tribunal to review the decision that led to the eviction. The tribunal is the official body for tenancy disputes in New Brunswick and handles appeals and enforcement matters.[1] An appeal does not automatically succeed; it asks the decision-maker to consider evidence you may not have presented before and to check whether the law and process were followed.
Time limits and deadlines
- File your appeal within the deadline stated on the eviction order or notice; many appeals require action within days or weeks of the order.
- If you need more time, ask the tribunal immediately for an extension and explain why you could not meet the deadline.
- Deadlines also apply to requests for a stay of enforcement (asking the tribunal to pause the eviction while your appeal proceeds).
Forms you may need
The tribunal requires specific forms to start an appeal or request a stay. Always use the official forms and follow the filing instructions exactly; most forms and filing details are available on the tribunal website and forms page.[2]
- Application to the Residential Tenancies Tribunal (application form): used to start an appeal when you disagree with an eviction order; for example, if you believe the landlord did not follow proper notice procedures, complete and file this application with supporting evidence.
- Request for Stay of Eviction or Enforcement (stay request form): used when you ask the tribunal to pause enforcement while your appeal is considered; for example, file this if you need time to gather evidence and cannot move immediately.
- Proof of Service / Affidavit of Delivery: evidence you served documents on your landlord or the tribunal; for example, attach a sworn statement or receipt showing when a notice was delivered.
Preparing evidence
Good evidence increases the chances the tribunal will accept your argument. Collect, organize, and label materials so they are easy to present at a hearing.
- Rent payment records and receipts showing on-time payments or partial payments relevant to the eviction reason.
- Photographs, videos, or repair requests that relate to habitability or disputes over property condition.
- Copies of written communication with your landlord (emails, texts, letters) and a dated log of phone calls or visits.
- Witness names and short statements from neighbours, repair professionals, or others who can confirm facts in your case.
What happens at the tribunal hearing
The hearing gives you and the landlord a chance to present facts, ask questions, and respond to evidence. Hearings can be in person, by phone, or by video; check the tribunal notice for format and prepare accordingly. Dress clearly identify yourself, bring organised copies of every document listed in your application, and be ready to explain your timeline concisely.
After hearing both sides, the tribunal will issue a decision that may confirm, vary, or set aside the eviction order. If the tribunal grants your appeal or a stay, it will explain conditions you must meet. If the eviction is confirmed, the tribunal will set a date for enforcement.
After the appeal: outcomes and next steps
If your appeal succeeds, follow any tribunal directions (for example, pay amounts ordered, complete repairs, or comply with conditions). If the appeal is dismissed, the eviction order and enforcement date will stand unless you pursue further judicial review—options beyond the tribunal may be limited and usually require quick legal action.
If you need to move, start planning early and use trusted rental search tools to find alternatives quickly; Find rental homes across Canada on Houseme can help you compare listings and locations.
FAQ
- Can I stay in my home while I appeal an eviction order?
- Sometimes. You must request a stay of enforcement from the tribunal and show why the eviction should be paused; the tribunal decides based on the evidence and risk of harm.
- How quickly do I need to act to appeal?
- Check the eviction order for the exact deadline and file promptly; the tribunal often requires appeals or stay requests within a short number of days or weeks.
- Do I need a lawyer to appeal?
- No. Tenants can represent themselves, but you may choose to get legal advice from a clinic or lawyer for complex cases or when large sums are involved.
How-To
- Gather all evidence: collect rent receipts, photos, repair requests, and communication logs in dated order.
- Complete the correct tribunal forms and attach evidence and a short statement explaining your reasons for appeal.
- File the application and any stay request with the Residential Tenancies Tribunal before the listed deadline and keep proof of filing.
- Attend the hearing on time, present your documents clearly, and answer the tribunal's questions honestly and calmly.
- If the appeal is granted, follow tribunal directions; if dismissed, ask about next steps or legal review options.
Key Takeaways
- Act quickly: appeals and stay requests usually have short deadlines.
- Organize evidence: clear records make your case stronger.
- Get help early: tenant clinics and official tribunal resources can explain forms and deadlines.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Official residential tenancy forms - Government of New Brunswick
- Residential Tenancies legislation - Government of New Brunswick
