Appealing an Eviction Order in New Brunswick: Step-by-Step Guide

If you’ve received an eviction order in New Brunswick, knowing your rights and the available appeal process can make a crucial difference. Acting quickly gives you the best chance to stay in your home. This guide walks you through every step you need to take, along with links to official resources and practical tenant tips.

Who Handles Eviction Appeals in New Brunswick?

Residential tenancies, including eviction appeals, are overseen by the Residential Tenancies Tribunal of New Brunswick. This tribunal manages landlord and tenant disputes, including applications to appeal eviction orders.

Understanding Eviction Orders and Tenant Rights

Receiving an eviction order can be overwhelming. Typically, an eviction order is issued if the landlord’s claim is successful after a hearing, often due to unpaid rent, lease breaches, or other valid legal causes. As a tenant, you have the right to appeal most eviction decisions.

The rules for eviction and appeals are set out in the Residential Tenancies Act of New Brunswick^[1]. Understanding these can help you protect your rights.

Key Deadlines: Act Quickly

In New Brunswick, you must usually apply to appeal an eviction order within seven days of the order being served to you. Missing this timeframe can make an appeal much harder or impossible.

Forms You’ll Need: Notice of Appeal

• Form: Notice of Appeal (usually no form number)
• When to use: If the Residential Tenancies Tribunal has made an eviction order against you and you want to challenge it at the next level (the Court of Queen’s Bench).
• How to use: Quickly fill out the “Notice of Appeal” form, state your reasons for appeal (why you believe the decision was wrong or unfair), and file it with the appropriate court office. Provide a copy to your landlord and the Residential Tenancies Tribunal.
• Where to find: You can find sample forms and more information on the Residential Tenancies Tribunal website or by contacting your local courthouse.

After you file, the court will set a date to hear your appeal. The eviction will typically not proceed until the appeal is resolved.

How to Appeal an Eviction Order: Step-by-Step

Appealing an eviction order in New Brunswick involves several clear steps. Acting quickly and providing all required information improves your chances.

• Review the official eviction order for details and deadlines.
• Collect any evidence to support your position—such as rent receipts, lease agreements, or correspondence.
• Fill out the Notice of Appeal and clearly state the reasons you believe the eviction order is incorrect or unjust.
• File your appeal at the Court of Queen's Bench within 7 days of receiving the eviction order.
• Deliver copies to your landlord and the Residential Tenancies Tribunal, following instructions provided by the Tribunal or found in your eviction documentation.
• Attend your scheduled appeal hearing, bring all documents, and be prepared to explain your case.

Tip: If you need to prepare quickly, reach out to a local tenant support service for help with documentation and the hearing process.

Practical Advice for Tenants

Keeping good rental records and understanding what happens after signing the lease, as explained in What Tenants Need to Know After Signing the Rental Agreement, can help prevent misunderstandings and strengthen your case if you find yourself having to appeal.

To explore private rentals and options if you need to move, Search Canadian rentals with interactive map view for up-to-date listings across your region.

FAQ: Eviction Appeals in New Brunswick

1. How long do I have to appeal an eviction order in New Brunswick?
   You must file your Notice of Appeal within 7 days of the eviction order being served. Act quickly to avoid losing your right to appeal.
2. Where do I file my Notice of Appeal?
   The Notice of Appeal is filed at the Court of Queen’s Bench of New Brunswick. Check your eviction order for court location and directions.
3. Can the eviction go ahead while I wait for my appeal?
   No. Once you file an appeal in time, the eviction won’t be enforced until the appeal decision is made.
4. What kind of reasons can I give for my appeal?
   You may appeal if you believe the tribunal made an error, misapplied the law, or did not consider important evidence. Be clear and specific in your reasons.
5. Do I need a lawyer to appeal an eviction order?
   No, you are not required to have a lawyer, but legal help or advice can make the process clearer and less stressful.

Key Takeaways for New Brunswick Tenants

• Act quickly—file your appeal within 7 days of the eviction order.
• Use the official Notice of Appeal form and follow all filing instructions.
• Read up on your rights and get support if you’re unsure about the process.

Understanding your rights and the steps to appeal an eviction order can make a difficult time more manageable.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Information, forms, and key contacts
• Service New Brunswick: 1-888-762-8600
• Legal Aid: New Brunswick Legal Aid Services Commission
• Tenant advocacy: New Brunswick Tenants Coalition

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1. Residential Tenancies Act of New Brunswick. Available at: Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal of New Brunswick. Official resources: Residential Tenancies Tribunal

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