Eviction for Damages in New Brunswick: Tenant Guide

If you’re a tenant in New Brunswick and your landlord is threatening eviction due to alleged damages to the rental unit, it’s important to know your rights, the official processes, and how to protect yourself. New Brunswick law sets out specific rules for landlords and tenants when it comes to claims of property damage, ensuring both parties are treated fairly. This guide will help you navigate the situation with confidence and provide resources and official information every tenant should know.

Eviction for Alleged Damages: The Basics

Landlords in New Brunswick cannot evict tenants simply because they believe damage has occurred. Eviction—known legally as "termination of tenancy"—must follow the process in the Residential Tenancies Act (New Brunswick)1. Only "substantial damage" caused by the tenant, their guests, or pets (and not resulting from normal wear and tear) can be grounds for eviction. The process involves serving a formal notice and, if necessary, a hearing before eviction is permitted.

What Counts as Substantial Damage?

"Substantial damage" goes beyond ordinary use—such as large holes in walls, broken windows, unauthorized renovations, or extensive stains. Everyday wear and tear—like minor scuffs or worn carpeting—does not qualify.

  • Permanent alterations or vandalism
  • Dangerous or unsanitary conditions caused by tenant neglect
  • Ignored repairs that worsen costly damage

Documenting the property’s condition at move-in and move-out is crucial for both tenants and landlords. See our Guide to the Initial Rental Property Inspection for Tenants for tips on record-keeping and protecting your interests.

The Eviction Process for Damage Allegations

Here’s what should happen if a landlord believes a tenant has caused substantial damage:

  • Notice of Termination: The landlord must issue a written Notice of Termination—specifically citing substantial damage as the reason and giving appropriate notice, typically 7 days for damage-related evictions.
  • Form 12 - Notice of Termination: This is the official form used to serve tenants notice for cause, including damages. You can review and download Form 12 - Notice of Termination from Service New Brunswick.
    Example: If you receive this form alleging damages, don’t ignore it—you have the right to dispute the eviction.
  • Right to Dispute: Tenants have the right to apply to the Residential Tenancies Tribunal to dispute the notice, especially if you believe the claim is exaggerated or unjustified.

The eviction process cannot skip these steps—self-help eviction (changing locks, throwing out belongings, etc.) is illegal. All disputes must be resolved through the Residential Tenancies Tribunal of New Brunswick.

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Disputing a Damage Claim and Avoiding Eviction

If you disagree with your landlord’s claims or the amount demanded for repairs, you can formally respond. Here’s how:

  • File an Application to the Tribunal: Use the online service or submit a written request to have your case heard before the Residential Tenancies Tribunal.
  • Form 16 - Application for Assistance: This is the main form used to dispute notices, request a hearing, or ask for relief from eviction. Access Form 16 here.
    For example, if you have proof that the alleged damage existed before you moved in, or that the amount demanded is unreasonably high, you would explain your case using this form.
  • Provide Evidence: Bring photos, inspection reports, messages, or receipts for any repairs you’ve completed.

Act quickly: There are strict deadlines to respond after receiving a Notice of Termination. If no action is taken, you could be ordered to leave or face monetary penalties.

Deposits and Damages

Landlords may use deposits to cover proven damages, but they can’t automatically keep your security deposit for unproven or disputed claims. Understanding Rental Deposits: What Tenants Need to Know provides more information on how deposits work, when they must be returned, and your rights to dispute deductions.

What to Do if Facing Eviction Over Alleged Damages

  • Carefully read the Notice of Termination form and note all deadlines
  • Collect any evidence of the property’s condition at move-in and move-out
  • Submit an application to the Tribunal using Form 16 if you want to dispute or mediate the claim
  • Communicate in writing with your landlord and keep copies of all correspondence
  • Consult with tenant resources or legal aid if you feel overwhelmed

This process helps ensure both landlord and tenant get a fair hearing under New Brunswick law.

Documenting your rental unit’s condition when you move in and out is one of the best ways to avoid disputes over damages and protect your rights.

For the full list of tenant and landlord rights unique to New Brunswick, see Tenant Rights and Landlord Rights in New Brunswick. For those looking to move or find a new place, Canada's best rental listings platform can help you explore options across the country.

Frequently Asked Questions

  1. Can a landlord evict me immediately for alleged damages?
    No. The landlord must provide a written notice (Form 12), and you have the right to dispute the eviction before being required to leave.
  2. What type of damages are valid grounds for eviction?
    Only substantial damage beyond normal wear and tear—such as deliberate destruction or significant alterations—are valid grounds under New Brunswick law.
  3. How can I dispute my landlord's claim about damages?
    You can apply to the Residential Tenancies Tribunal using Form 16 and present evidence such as photos, inspection reports, and correspondence to support your case.
  4. Will my security deposit cover alleged damages?
    Landlords may claim from the deposit for proven damages, but you can dispute any unfair deductions.
  5. Is normal wear and tear considered damage?
    No. General aging of the unit from reasonable use is not considered damage and cannot be cited as a reason for eviction.

Key Takeaways for Tenants

  • Landlords in New Brunswick must follow formal procedures to evict for damages and cannot force eviction without notice and Tribunal review.
  • Tenants have the right to dispute a damage claim and present their evidence at a Tribunal hearing.
  • Always document property conditions and save all communication relating to the tenancy and damage claims.

Need Help? Resources for Tenants

  1. Residential Tenancies Act (New Brunswick)
  2. Residential Tenancies Tribunal of New Brunswick
  3. Form 12 - Notice of Termination (Service New Brunswick)
  4. Form 16 - Application for Assistance (Service New Brunswick)

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