Eviction for Landlord’s Family Use: New Brunswick Tenant Rules

If you’re renting in New Brunswick, you might wonder what happens if your landlord says a family member wants to move into your unit. Understanding New Brunswick's rules around eviction for landlord’s family use is essential, especially when your home and stability are at stake. This article breaks down your rights, the eviction process, and the protections you have under New Brunswick tenancy law.

Eviction for Landlord's Family Use: What Are the Rules in New Brunswick?

In New Brunswick, a landlord can legally ask a tenant to move out if they or an immediate family member plan to occupy the rental unit. However, strict procedures and notice requirements apply. The rules are set under the Residential Tenancies Act of New Brunswick^[1].

Who Qualifies as Immediate Family?

• Spouse or common-law partner
• Parent or child of the landlord
• Parent or child of the landlord’s spouse or common-law partner

Evictions for more distant relatives or friends are not allowed under family use provisions.

What Notice Must a Landlord Give?

Landlords must serve official notice using Form 10 (Notice to Vacate – Owner’s Use). The minimum notice period is:

• One full rental period for month-to-month tenants
• With fixed-term leases, notice can only be given to end the tenancy at lease expiry (not mid-term)

The official form is:

• Form 10: Notice to Vacate – Owner’s Use
• Used when a landlord or immediate family member plans to move into the rental
• Download Form 10 (Government of New Brunswick)
• Example: If your rent is due on July 1, and you receive Form 10 on June 15, you would have to vacate by July 31

Can the Tenant Challenge or Refuse?

Yes. If you believe the eviction notice is not genuine, or the landlord does not end up using the unit as stated, you can dispute the notice. Act quickly:

• File a complaint with the Residential Tenancies Tribunal of New Brunswick
• Gather any evidence (communications, ads, other tenants’ stories) if you think the reason given is not truthful

What Protection Do Tenants Have?

The law requires landlords to act in good faith. If the landlord or their family member does not move in—and instead rents the unit to someone else—you may be eligible for compensation or to move back in.

Tenants facing a landlord’s family use eviction have the right to proper notice, fair process, and can appeal if the eviction seems unjust. This process is overseen by the Residential Tenancies Tribunal in New Brunswick.

Tips for Tenants Facing Family Use Eviction

• Request written notice with the correct form and stated reason
• Do not move out unless you have received an official written notice
• Contact the Tribunal for guidance if you have doubts or need to dispute the notice

Your Rights and Responsibilities During the Process

As a tenant, you must keep paying rent and follow your lease agreement until the day you move out. This includes respecting the regular rules found in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Learn more about provincial tenant rights in Tenant Rights and Landlord Rights in New Brunswick.

You can also Find rental homes across Canada on Houseme if you need alternative options during or after your eviction process.

FAQ: Eviction for Landlord’s Family Use in New Brunswick

1. How much notice must a landlord give for family use eviction?
   A landlord must provide a full rental period of notice, using Form 10, if evicting for their family’s use.
2. Can I refuse to move if my landlord gives this type of notice?
   If you believe the eviction is not genuine or you received inadequate notice, you can file a complaint with the Residential Tenancies Tribunal.
3. What if the landlord doesn’t actually move in?
   If the unit is not occupied by the landlord or their family as promised, you may be entitled to compensation or re-occupancy. Report this quickly to the Tribunal.
4. Does this rule apply mid-lease?
   No, landlords can only end a fixed-term tenancy for family use at lease expiry, not mid-lease.

Key Takeaways for New Brunswick Tenants

• Landlords can ask tenants to leave for their own (or immediate family’s) use—but must provide proper written notice and use the official form.
• You have the right to dispute the notice if you believe the reason is not genuine.
• The Tribunal can help resolve disputes or complaints about family-use evictions.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Information, forms, and dispute resolution
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant legal guides and support
• Tenant advocacy groups and community legal clinics in your area for confidential advice

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1. Residential Tenancies Act of New Brunswick

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