Eviction Checklist for New Brunswick Tenants: Step-by-Step Guide

If you’re a tenant in New Brunswick facing eviction, it’s natural to feel overwhelmed. Understanding your rights under provincial tenancy law and knowing what steps to take can make a huge difference. This eviction checklist for New Brunswick tenants will explain the process, key deadlines, necessary forms, and what you can do to protect your rights if your landlord seeks to end your tenancy.

Understanding Eviction in New Brunswick

In New Brunswick, the Residential Tenancies Tribunal oversees rental matters, including evictions. Both landlords and tenants have legal rights and responsibilities under the Residential Tenancies Act (RTA)^[1]. Eviction is a legal process that must follow specific steps—your landlord cannot evict you without following the rules set out by law and the Tribunal.

Eviction Process: Step-by-Step Checklist

Here’s what you can expect if facing eviction in New Brunswick:

• Receive Written Notice: Your landlord must serve you the correct written notice, using the appropriate form from the Tribunal.
• Check the Reason: Tenancy can only be terminated for legal reasons, such as unpaid rent, repeated late payment, breaches of the lease, major renovations, or if the landlord or their family is moving in. Notices must state the specific reason.
• Notice Periods: The standard notice periods are:
  • For unpaid rent: 15 days' notice, after rent is at least 7 days late.
  • For cause (e.g., substantial breach): 15 days' notice.
  • No-fault (owner's use, renovations, etc.): Normally, 3 months' notice.
• Official Forms: Common forms include:
  • Notice of Termination by Landlord (Form 1): Used to officially notify you that your tenancy will end. Review the reason and notice period carefully. Read more and find the form on the New Brunswick Residential Tenancies Tribunal website^[2].
  • Application to Set Aside Notice of Termination (Form 3): If you believe the eviction notice is not justified, you can challenge it by submitting this form to the Tribunal within 7 days of receiving the notice. This stops the eviction until the Tribunal makes a decision.
• Challenge the Notice: Tenants have the right to contest a termination notice by filing the proper form (see above) with the Tribunal within the deadline—typically 7 days for most eviction reasons. If you do not respond within this period, eviction may proceed by default.
• Hearing: If you challenge the notice, the Tribunal will schedule a hearing to consider both sides.
• Decision and Order: If the Tribunal decides in your landlord’s favour, it will issue an order stating when you must leave. If it’s in your favour, the notice is set aside and you may continue your tenancy.
• Moving Out: If you are ordered to leave, you must move out by the specified date to avoid further consequences.

What to Do If You Receive a Termination Notice

If your landlord gives you an eviction notice, act fast. Review the document to make sure it’s properly filled out and that it states a valid reason under the Residential Tenancies Act. Consider your options for response, and seek legal help if unsure.

Important Resources and Tenancy Rights

Knowing your broader rights and responsibilities is crucial. The Tribunal offers information for both landlords and tenants about causes for eviction, emergency situations, and what to do before and after you move out. For a detailed breakdown of lawful notice periods and reasons for eviction specific to your situation, visit Tenant Rights and Landlord Rights in New Brunswick.

Your Obligations as a Tenant

Staying informed about your obligations helps prevent issues. For example, regular rent payments, keeping the home in reasonable condition, and following lease rules are all duties under the law. See Obligations of Landlords and Tenants: Rights and Responsibilities Explained for full details.

• If you resolve missed rent before the eviction process finishes, you may be able to stay in your home.
• Always attend Tribunal hearings if scheduled, as missing them can lead to eviction orders being granted by default.

What Happens After Eviction?

If you must leave your rental, make arrangements to move out on time, do a final walk-through (if possible), and update your forwarding address for your deposit and mail. Leaving your rental in clean condition can also affect how quickly you receive your deposit back.

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Frequently Asked Questions for NB Tenants

1. Can my landlord evict me without proper notice in New Brunswick?
   No. Your landlord must provide written notice using the correct Tribunal form, stating the reason and notice period under the Residential Tenancies Act.^[1]
2. What should I do first if I receive an eviction notice?
   Carefully read the notice, check the stated reason, and write down the date you received it. If you disagree, you must submit Form 3 to the Tribunal within 7 days to challenge it.
3. How much notice does my landlord have to give before eviction for non-payment?
   For non-payment of rent, the landlord can serve 15 days’ notice, but only if you are at least 7 days late on rent.
4. Where do I get the forms to respond to an eviction?
   All official forms, including Forms 1 and 3, are available from the New Brunswick Residential Tenancies Tribunal.^[2]
5. If I move out, how do I ensure I get my deposit back?
   Clean the unit, remove your belongings, and leave all keys. Follow up with your landlord and ask for written confirmation. For detailed steps, see How to Get Your Security Deposit Back with Interest When Moving Out.

How To: Respond to an Eviction Notice in New Brunswick

1. How do I challenge an eviction notice?
   Obtain Form 3 from the Tribunal, complete it with your reasons for opposing the eviction, and submit it within 7 days of receiving the notice. Keep a copy for your records.
2. How do I collect and submit evidence for my hearing?
   Gather any receipts, photographs, correspondence, and witnesses. Submit them to the Tribunal ahead of the hearing, as instructed.
3. How do I attend the Tribunal hearing?
   Follow the instructions in your Tribunal notice. Hearings are often by phone or video; be prepared and join at the scheduled time.
4. How do I request more time to move out after an eviction order?
   You may apply to the Tribunal for an extension, but approval is not guaranteed. Contact the Tribunal immediately after the decision for instructions.

Key Takeaways for New Brunswick Tenants Facing Eviction

• Always respond promptly to eviction notices—deadlines are very strict.
• Understand the specific forms and processes outlined by the Residential Tenancies Tribunal.
• Act fast to protect your tenancy and consult Tenant Rights and Landlord Rights in New Brunswick for your province’s details.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Official Tribunal Website — Find forms, guides, and current regulations.
• Service New Brunswick Tenants’ Rights: Rental and Lease Agreements Help
• Legal Aid New Brunswick: Free legal advice for eligible tenants

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1. Residential Tenancies Act (New Brunswick)
2. New Brunswick Residential Tenancies Tribunal: Official Forms and Resources

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