Can my landlord evict me immediately for misconduct?

No, landlords must serve proper notice, and you are entitled to a hearing before eviction unless there is an urgent safety issue.

What should I do if the misconduct allegations are untrue?

Collect evidence supporting your case and file a Request for Hearing with the Residential Tenancies Tribunal promptly.

What happens if I lose the eviction hearing?

If the Tribunal rules against you, you must move out by the set date, or risk enforcement actions.

Eviction for Tenant Misconduct in New Brunswick: Your Rights and Options

Evictions New Brunswick published June 20, 2025

Allegations of misconduct can be stressful and confusing for tenants in New Brunswick. If your landlord claims you have broken the rules, disturbed neighbours, or caused damage, you may face potential eviction. This article explains your legal rights, the eviction process, and what steps to take to protect yourself and your home under New Brunswick’s tenancy laws.

Understanding Misconduct Allegations and Eviction Notices

Misconduct, such as property damage, illegal activity, or harassment, gives landlords the legal right to apply for your eviction. However, the process is strictly regulated. Allegations alone do not automatically end your tenancy—your landlord must follow formal steps under New Brunswick law, governed by the Residential Tenancies Act (New Brunswick)^[1].

When Can a Landlord Start Eviction Due to Misconduct?

Landlords can issue an eviction notice if they believe a tenant has:

Significantly damaged the property
Disrupted other tenants or neighbours
Violated health or safety standards
Used the premises for illegal activities

It's important that any claim be supported by evidence, such as photos, repair bills, or complaints. Under the law, both sides have the right to present their case at a hearing.

Your Legal Rights as a Tenant in New Brunswick

Tenants have important protections. You cannot be evicted without fair notice and a hearing at the Office of the Residential Tenancies Tribunal (New Brunswick Residential Tenancies Tribunal). Your landlord must use the official process, beginning with a formal notice.

For an overview of your rights and responsibilities, visit Tenant Rights and Landlord Rights in New Brunswick.

Key Steps: What to Do If You Receive a Misconduct Eviction Notice

Read the notice carefully: It should state the alleged misconduct and the required move-out date.
Check the notice period: The standard minimum notice period for misconduct is 15 days, but it can be shorter in emergencies involving safety.
Gather evidence: Collect documents, photos, or witness statements that support your side of the story.
Respond in writing: Consider calmly responding to your landlord to clarify or challenge the allegations.
Attend the hearing: If you disagree with the eviction, you have the right to a hearing at the Tribunal before the tenancy ends. The eviction does not proceed automatically.

Remember: You do not have to move out immediately unless ordered by the Tribunal. Stand up for your rights if you believe the allegations are unfair.

The Formal Eviction Process and Required Forms

Officially, the process generally follows these steps:

Landlord gives Notice of Termination: This is often called a "Notice to Vacate for Cause." It must be served in writing and explain the reasons.
Landlord applies to the Tribunal: If you do not leave by the date given, the landlord applies for an order. Both sides are notified of a hearing date.
Tenants can respond: Attend the hearing, present evidence, and state your case. You can be represented if you wish.
Tribunal issues a decision: The Residential Tenancies Tribunal will issue a written order after the hearing.

Official Forms Tenants Should Know

Notice of Termination for Cause (Form 1): Used by landlords to begin eviction for misconduct. Review details and timing on the official Form 1 (Tribunal website).
Request for Hearing (Tenant's Application): If you want to contest the eviction, promptly file the Request for Hearing form by contacting the Tribunal. Download the Request for Determination form.

Example: If your landlord says you caused major disturbances, but you believe it's not true, you can file a Request for Hearing and attend the Tribunal to present your evidence and witnesses.

Tips and Best Practices for Tenants Facing Misconduct Allegations

Keep written communication with your landlord and store all received notices. Document repairs, cleaning, and any efforts to resolve disputes. Communicate respectfully and try resolving issues early.

For more on day-to-day rental challenges, see Common Issues Tenants Face and How to Resolve Them.

Know Your Ongoing Rights

Landlords and tenants have rights and obligations throughout the tenancy. Review your rental agreement and provincial law. Visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained for a deeper understanding.

Looking for a new rental in New Brunswick or elsewhere? Browse apartments for rent in Canada and compare your options easily.

Frequently Asked Questions about Misconduct Evictions in New Brunswick

Can my landlord evict me immediately for misconduct?
Generally, no. They must follow proper notice, and you have the right to a hearing before being evicted, unless the situation is an emergency threatening safety.
What should I do if I think the misconduct allegations are false?
Gather evidence to support your case and file a Request for Hearing with the Tribunal as soon as possible.
Is it possible to negotiate with my landlord after receiving an eviction notice?
Yes. Open communication and possible mediation can sometimes resolve issues and avoid a formal eviction.
What happens if I lose at the Tribunal hearing?
If the Tribunal decides to end the tenancy, you must move out by the stated date. Failing to do so can result in enforcement action.

Conclusion and Key Takeaways

You cannot be evicted in New Brunswick for misconduct allegations without a proper notice and the chance to respond.
Always review your notice, know your rights, and act quickly.
Attend the Tribunal hearing and provide evidence if you contest the eviction.

By understanding your legal protections and acting promptly, you can better safeguard your home and tenancy rights.

Need Help? Resources for Tenants

New Brunswick Residential Tenancies Tribunal: Official Tribunal Website
Service New Brunswick – Renting: Information on tenant rights and forms
Legal Aid New Brunswick: Free or low-cost legal help for tenants
Tenant Advocacy: Community Legal Centres may also offer advice for tenants responding to eviction notices.