Employer Housing and Evictions: Tenant Rights in New Brunswick
If you receive housing from your employer in New Brunswick—sometimes called “employer-provided” or “service occupancy” housing—it’s important to understand both your rights as a tenant and the rules your employer (as landlord) must follow. Whether you live in farm housing, a caretaker’s suite, or any housing tied to your employment, special rules apply under New Brunswick’s tenancy laws.
When Is Employer-Provided Housing a Tenancy?
In New Brunswick, housing provided by your employer for you to live in (apart from a hotel/boarding-house) often creates a legal landlord-tenant relationship—just like a typical rental. This applies whether the rent comes out of your paycheque or not. However, your rights may depend on:
- Whether you have a written tenancy agreement
- If your housing is a required part of your job
- How the rental payments are handled
Employment and tenancy rights can overlap, but your right to stay in your home is mostly governed by New Brunswick’s Residential Tenancies Act.
Eviction Rules for Employee Tenants
Can an employer evict you simply because your job ends? Not immediately. Even if your employment is terminated, your employer must follow the Residential Tenancies Act’s notice and procedural requirements—just like any regular landlord.
Notice Requirements
- Written Notice: Employers must give written notice if they wish to end your tenancy. The minimum notice period depends on the type of tenancy (usually 1 month for monthly or week-to-week agreements).
- Form 3 – Notice to Quit: This is the required legal notice for ending a tenancy in New Brunswick. Download Form 3 here (NB Office of the Rentalsman).
For example: If Sarah, a farm worker, lives in a house on her employer’s property and is let go, her employer must serve her with Form 3 and cannot force her out immediately. She is entitled to the proper notice period under the law.
Do Wage Deductions Affect Your Rights?
If your rent is deducted from your wages, you are still protected by provincial tenancy laws. Your rental arrangement is separate from your employment; losing your job does not automatically mean losing your home the same day.
What If Your Employer Doesn’t Follow the Law?
If your employer tries to evict you without written notice or threatens to remove you right away, you can contact the Office of the Rentalsman for help. Only a formal order from this tribunal can require you to leave before your legal notice ends.
How to Challenge an Improper Eviction
- Write down all communications with your employer/landlord
- Do not leave unless served with proper written notice
- File an application with the Office of the Rentalsman if you believe the law is not being followed
Your tenancy may also be protected if there are other issues, such as habitability. Learn more about Health and Safety Issues Every Tenant Should Know When Renting.
Forms and Official Procedures
- Form 3 – Notice to Quit: Used by employers/landlords to legally end a tenancy; must specify the reason and provide the correct notice period. View and download Form 3
- Form 6 – Application for Assistance: If you receive an illegal eviction threat or if your landlord doesn’t follow the law, you can apply for assistance with the Rentalsman using this form. Download Form 6 here
Always keep copies and submit your form in person, by mail, or online to ensure a record of your complaint or response.
Your Rights and Obligations as a Tenant
Whether or not your housing comes from your employer, you have the same maintenance, payment, and notice responsibilities as all tenants. Review the Obligations of Landlords and Tenants: Rights and Responsibilities Explained to understand more about your specific duties.
Even if you lose your job, you generally cannot be forced to leave employer-provided housing without proper written notice and legal process under New Brunswick’s Residential Tenancies Act.
The Role of the Office of the Rentalsman
The Office of the Rentalsman is New Brunswick’s official government body overseeing all landlord and tenant matters, including employer housing evictions. It manages disputes, reviews forms, and enforces the law.
Find out more about provincial housing rules: Tenant Rights and Landlord Rights in New Brunswick.
Need to look for new housing? Browse apartments for rent in Canada easily and safely online.
Frequently Asked Questions
- Can my employer remove me from housing the same day my job ends?
No. Your employer must provide written notice following New Brunswick tenancy laws. You are usually entitled to 1 month’s notice unless you agree otherwise. - Does it matter if my rent is taken out of my wages?
No. Rent deducted from wages does not reduce your rights as a tenant—legal notice is still required. - What forms should my employer use to end my tenancy?
Employers must use Form 3 – Notice to Quit to provide legal notice to end your tenancy. - Where do I go if my employer locks me out or tries to evict me illegally?
Contact the Office of the Rentalsman immediately and file a complaint using Form 6 – Application for Assistance. - What if I have no written lease?
Even without a written rental agreement, tenancy rights apply if you live in the home with your employer’s permission and pay rent (including wage deductions).
Key Takeaways for Employee-Tenants
- Your employer must give you proper written notice to end your tenancy, even if your job ends.
- You have the right to file a complaint with the Office of the Rentalsman if you receive an improper eviction notice.
- Provincial law protects you as a tenant, regardless of how your rent is paid.
Need Help? Resources for Tenants
- Office of the Rentalsman (New Brunswick Tribunal): Official resources, complaint forms, and tenant guidance
- Download official forms: Landlord and Tenant Forms (NB Government)
- Public Legal Education and Information Service of New Brunswick: Tenant legal support and education
- Residential Tenancies Act, New Brunswick: Full Text of the Act
- Office of the Rentalsman (Tribunal): Official Website
- Landlord and Tenant Forms: Form 3, Form 6, and more
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