Can You Be Evicted for Joining a Tenant Union in New Brunswick?

If you’re renting in New Brunswick and are concerned about facing eviction for joining or organizing with a tenant union, knowing your legal rights is key to protecting your housing. Tenant unions empower renters to collaborate for fair conditions, but some landlords may attempt eviction or intimidation in response. Here’s what tenants need to understand about legal protections, your options if action is taken against you, and how to get support.

Is It Legal for Your Landlord to Evict You for Tenant Union Activity?

In New Brunswick, the right to organize is protected under law. Landlords are prohibited from evicting, threatening to evict, or otherwise retaliating against tenants for joining a tenant union or voicing concerns about their rental situation. This legal principle is known as “protection against retaliation” and is part of the Residential Tenancies Act of New Brunswick.^[1]

• Your landlord cannot legally end your tenancy just because you participate in a tenant union.
• If you receive an eviction notice for reasons connected to union activity or speaking up about your rights, you may have grounds to dispute it.

The New Brunswick Residential Tenancies Tribunal handles these cases and ensures that rental laws are fairly applied. Visit the official tribunal website for forms, contacts, and detailed tenant guidance.^[2]

What Is Considered Retaliatory Eviction?

Retaliatory eviction occurs when a landlord tries to remove a tenant because the tenant:

• Joined or formed a tenant union
• Made a complaint to the landlord, tribunal, or public health authority
• Asserted their legal rights (for example, requesting repairs)

Landlords must provide a valid legal reason (like non-payment of rent or causing substantial damage) for issuing an eviction. Union involvement is not a lawful reason.

How to Respond If You Receive an Eviction Notice

If you suspect that your eviction notice is a result of tenant organizing, you have the right to challenge it. Take these steps:

• Review the eviction notice: Ensure it lists a valid cause as per provincial law.
• Gather evidence: Save documentation of your union activity, communications, and the eviction notice itself.
• Contact the Residential Tenancies Tribunal: The tribunal will investigate disputes regarding eviction.
• File the right form: In New Brunswick, tenants use the Application for Assistance (Form 1) to dispute notice of termination or eviction. Download Form 1 here.^[3] Example: If your landlord gives you an eviction letter after you organize with neighbours, submit Form 1 within seven days of receiving the notice.
• Stay in your unit until the tribunal makes a decision—do not move out unless directed by the tribunal.

Appealing an eviction notice is your right, especially if you believe it was issued in bad faith.

Your Core Rights and Protections as a New Brunswick Tenant

• The law states your rental can only be ended for reasons specified in the Residential Tenancies Act—union activity is not a valid reason.
• Landlords who attempt retaliatory evictions can face penalties from the tribunal.
• The tribunal’s decision is final unless further appeal rights exist in court.

Understanding your rights is an important part of renting, whether you are new to a rental agreement or have lived in your unit for years. For more on your ongoing rights and responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Relevant Legislation and Official Resources

• Residential Tenancies Act (New Brunswick)
• New Brunswick Residential Tenancies Tribunal

For a comprehensive overview of New Brunswick tenant and landlord rights—such as deposit policies, rent increases, and maintenance—refer to Tenant Rights and Landlord Rights in New Brunswick.

Want to connect with rentals in supportive communities? Search Canadian rentals with interactive map view for tenant-friendly options across the country.

FAQ: Tenant Union Rights and Eviction in New Brunswick

1. Can my landlord evict me just for joining a tenant union?
   No. Landlords are not allowed to evict you for being part of, or organizing, a tenant union. Such evictions are considered retaliatory and can be challenged at the tribunal.
2. How do I dispute an eviction I believe is retaliatory?
   Use the Application for Assistance (Form 1) from the Residential Tenancies Tribunal. File it within seven days of the eviction notice, and include any proof of union activity or communications.
3. What counts as evidence of retaliation?
   Save emails, meeting notes, or text messages that show you were involved in organizing, and any communications from your landlord about your involvement.
4. Will I have to move out before the tribunal hears my case?
   No. You do not need to leave your rental home until the tribunal has reviewed your application and made a decision.
5. Where can I learn more about all my tenant rights in New Brunswick?
   The best summary is Tenant Rights and Landlord Rights in New Brunswick, which has links to official government resources and guides.

Conclusion: Key Takeaways

• Eviction for joining a tenant union is illegal in New Brunswick.
• Use official forms and file promptly to challenge a retaliatory eviction.
• The Residential Tenancies Tribunal is your main point of support and dispute resolution.

Understanding your rights means you can participate in tenant unions without fear. Stay informed, act quickly if your landlord gives notice, and reach out for help if needed.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Eviction disputes, complaint forms, laws, and tenant resources.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Plain-language legal information for tenants.
• Local tenant unions and advocacy organizations for support if you are facing a dispute.

---

1. Residential Tenancies Act (New Brunswick): See legislation
2. New Brunswick Residential Tenancies Tribunal: Official tribunal site
3. Application for Assistance (Form 1): Download from Service New Brunswick

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy