Emergency Evictions in New Brunswick: What Tenants Need to Know

If you're a tenant in New Brunswick dealing with a sudden eviction, understanding your rights is crucial. Emergency evictions are stressful and time-sensitive, but provincial law provides important protections for tenants. This guide explains when emergency evictions can happen, how the process works, and the steps you should take if you find yourself in this situation — all under the Residential Tenancies Act (New Brunswick). Staying informed helps you make the right decisions and avoid unnecessary hardship.

What Is an Emergency Eviction in New Brunswick?

An emergency eviction occurs when a landlord seeks to remove a tenant quickly and without the typical notice periods attached to standard evictions. This is only allowed in specific, serious cases, such as severe property damage, threats to health or safety, or illegal activities. In New Brunswick, these urgent procedures are guided by the Residential Tenancies Act of New Brunswick¹.

When Can a Landlord Request Emergency Eviction?

• Serious Health or Safety Risks: If a tenant endangers other occupants or the property through violence, threats, or hazardous behaviour.
• Major Damage: Acts causing substantial property damage like fire, flooding, or tampering with vital systems.
• Illegal Activities: Engaging in drug production, trafficking, or other illegal acts on the premises.

Emergency eviction is reserved only for truly urgent cases. For most disputes or issues, standard eviction processes (with formal notice) apply.

Emergency Eviction Process

The process is handled by the Office of the Rentalsman, the government office that oversees landlord-tenant disputes in New Brunswick.

Landlord Responsibilities

• Landlords file an Application for an Order of Possession (Form 6) directly with the Office of the Rentalsman for urgent removal.
• The application must clearly state the emergency and provide supporting evidence.

What Happens as a Tenant?

• You must be served notice of the application and given a chance to respond — even in emergencies.
• The Office of the Rentalsman can make a rapid decision, but will hear both sides if possible.
• If granted, an order to vacate may take effect immediately or within a very short time (e.g., 24 hours).

Standard eviction timelines are often bypassed for emergencies, but due process — including your right to defend yourself — must still be followed.

Your Rights During an Emergency Eviction

Even in emergencies, New Brunswick law ensures tenants' fundamental rights. Remember:

• You cannot be forced out without an official Order of Possession from the Rentalsman.
• An eviction is not valid simply because a landlord asks or locks you out — the official process must be used.
• Tenants have the right to present evidence or respond to allegations.

Key Tenancy Obligations and Safety Issues

Serious breaches including health and safety risks can lead swiftly to emergency eviction. To avoid this, understand your basic responsibilities — from not damaging property to following safety rules. For more details on keeping your rental safe and your rights if hazardous conditions arise, see Health and Safety Issues Every Tenant Should Know When Renting.

Official Forms Used in Emergency Evictions

• Form 6: Application for an Order of Possession
  Used by landlords to request urgent eviction. As a tenant, you may be served with this form if your landlord alleges an emergency (e.g., serious danger or damage). You will have an opportunity to respond. Learn more and access the form on the New Brunswick Rentalsman website.

Practical Example: If your landlord claims you caused a fire by carelessness and files Form 6, you will receive official notice and must respond by sharing your side. The Rentalsman will review both accounts, then make a decision.

How to Respond to an Emergency Eviction

• Carefully read any notice or order from the Rentalsman.
• Gather evidence (photos, witness statements, communications) to support your defence.
• Respond promptly — emergency timelines are very short (sometimes only 24 hours).
• If you disagree with the decision, you may have the right to request a review or appeal. Contact the Rentalsman for specific instructions and deadlines.

It can be helpful to know your day-to-day rights and duties in advance. For a broader understanding of your obligations during tenancy, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Other Common Emergency Rental Situations

Not all urgent rental problems result in eviction. Issues like sudden repair needs or threats to health are also considered emergencies but require different steps:

• If you encounter an unaddressed repair or unsafe condition, check Emergency Situations and Repairs: Tenant Rights and Responsibilities for your options.

Where to Get Help If You Face Immediate Eviction

• Contact the Office of the Rentalsman for urgent support, dispute resolution, and information about your file.
• Regional legal aid services and tenant advocacy groups can provide advice and sometimes representation.
• Document any interactions, and don't vacate your home unless ordered by the Rentalsman.

Remember, if you're searching for alternative housing quickly, Explore Houseme for nationwide rental listings — easily connect to safe, verified rentals in New Brunswick and across Canada.

For an overview of the laws and your broader rights as a tenant, read Tenant Rights and Landlord Rights in New Brunswick.

1. Can my landlord evict me immediately without notice?
   No, in New Brunswick a landlord must apply for and receive an official order from the Office of the Rentalsman for emergency eviction. This ensures you have the chance to respond.
2. What should I do if I receive a Form 6 (Application for an Order of Possession)?
   Respond right away — review the allegations, collect evidence if needed, and present your side to the Rentalsman by the given deadline.
3. I feel unsafe due to another tenant or emergency — can I move out early?
   If facing an immediate health or safety threat, contact the Rentalsman. You may be able to negotiate an early lease exit or safety measures. See more about emergencies in your rental at Emergency Situations and Repairs: Tenant Rights and Responsibilities.
4. Who handles appeals or reviews of emergency eviction decisions?
   The Office of the Rentalsman will advise on appeals or further steps. Strict deadlines usually apply for appeals.
5. Can I get help finding a new place fast if evicted?
   Yes! Explore Houseme for nationwide rental listings to search available homes and apartments across New Brunswick and Canada.

Key Takeaways for Tenants

• Emergency evictions in New Brunswick are only allowed in rare, urgent cases — your right to due process always applies.
• You must receive an official order from the Rentalsman — landlords cannot evict you on their own.
• Respond quickly, document everything, and seek advice from government or tenant support services if you receive an emergency eviction notice.

Need Help? Resources for Tenants

• Office of the Rentalsman (New Brunswick): Official tenant-landlord dispute resolution & forms
• New Brunswick Legal Aid Services Commission: For free or low-cost legal advice in urgent housing matters. Visit Legal Aid NB
• Tenant Rights and Landlord Rights in New Brunswick: Full overview and fact sheet
• If you need immediate housing, Explore Houseme for nationwide rental listings.

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1. Residential Tenancies Act of New Brunswick
2. Office of the Rentalsman – NB Department of Environment and Local Government
3. Application for an Order of Possession (Form 6)

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