Eviction Laws in New Brunswick: A Tenant’s Essential Guide

Facing eviction can be stressful for any New Brunswick tenant, whether due to rent issues, ending a fixed-term lease, or a landlord’s application. Knowing your legal rights and responsibilities is key. This article explains in plain language how New Brunswick’s eviction process works, which forms matter, and where tenants can get help.

Residential Tenancies Law in New Brunswick

Residential tenancies in New Brunswick are governed by the Residential Tenancies Act^[1]. It lays out the rules for when and how a landlord can evict a tenant and protects tenants from unfair eviction practices. The Office of Residential Tenancies (ORT), part of Service New Brunswick, is the official government body handling rental disputes and applications. Tenant Rights and Landlord Rights in New Brunswick offers an overview of key local rights and obligations.

Grounds for Eviction in New Brunswick

Landlords must have a legal reason (or “ground”) to evict a tenant under New Brunswick law. The most common reasons include:

• Non-payment of rent
• Breach of agreement (such as having unauthorized pets)
• End of a fixed-term tenancy
• Landlord requires the unit for personal use
• Serious damage to property or safety concerns

Each situation requires different notice periods and forms.

The Eviction Process Step-by-Step

If your landlord wants to end your tenancy, here’s what typically happens:

1. Landlord Gives Written Notice

• Most evictions start with a Notice to Terminate a Tenancy.
• The notice must include the reason and the date your tenancy will end.

2. Official Forms for Tenant Eviction

New Brunswick uses specific forms for eviction. Here are the most important ones:

• Form 1: Notice to Terminate a Tenancy
  • When Used: By the landlord to end a tenancy for reasons like unpaid rent or breach of rules.
  • How to Use: Landlord must serve this in writing. As a tenant, review the notice: check the grounds and date. If you disagree, respond to your landlord or contact the Office of Residential Tenancies.
  • Download Form 1 and instructions
• Form 6: Application for Assistance to Terminate a Tenancy
  • When Used: If a tenant stays past the notice date, the landlord can apply to the ORT for an eviction order.
  • For Tenants: If you receive notice of this application, you can respond by contacting the Office of Residential Tenancies for a hearing or mediation. Bring evidence, such as rent receipts or communication records.
  • Download Form 6 and instructions

3. Notice Periods

• Non-payment of rent: 15 days’ notice
• Ending a month-to-month tenancy: 1 month’s notice
• Breach of agreement (not paying utilities, excessive damage): 7 to 15 days, depending on the severity
• Landlord’s personal use: 2 months’ notice

Not sure about your responsibilities after you sign your agreement? Learn more in What Tenants Need to Know After Signing the Rental Agreement.

What Happens at the Office of Residential Tenancies?

If you and your landlord can’t agree, or if you contest the eviction, the dispute goes to the Office of Residential Tenancies (ORT).^[2] The ORT will schedule a hearing where both sides can present evidence and arguments. If the tenant does not attend or respond, the ORT can issue an eviction order directly.

Tip: Never ignore an eviction notice. Always reply in writing to your landlord and seek advice if you believe the eviction is unfair.

Tenant Defences and Your Rights

Tenants have a right to a fair process. You can dispute an eviction in several ways:

• If you believe the notice was given in error or for retaliatory reasons
• If the landlord didn’t follow proper procedure or gave the wrong notice
• If you paid overdue rent in time (for non-payment cases)

For ongoing rental guidance, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For additional options to search for homes, Find rental homes across Canada on Houseme offers listings and tools tailored to tenants’ needs.

FAQ: Tenant Evictions in New Brunswick

1. Can my landlord evict me without notice?
   No, your landlord must always follow the steps and notice periods set out in the Residential Tenancies Act. “Self-help” or immediate evictions are not legal.
2. What if I can’t attend my ORT hearing?
   Contact the Office of Residential Tenancies immediately to see if the date can be changed. Missing your hearing can result in an automatic eviction order.
3. Do I have to move out by the eviction date?
   Yes, unless the ORT decides otherwise or you reach a new agreement with your landlord. Remaining in the unit past the date may lead to sheriff involvement.
4. How much notice do I get if my landlord sells the property?
   You generally receive at least two months’ written notice when a new owner wishes to move in, but circumstances can vary—check with the ORT.
5. Can a landlord evict me for making complaints?
   No, retaliatory eviction for asserting your legal rights (such as report repairs or unsafe conditions) is prohibited.

How To: Responding to an Eviction Notice in New Brunswick

1. How do I challenge an eviction notice I think is unfair?
   
   • Review the notice to check details and the stated grounds.
   • Respond in writing to your landlord explaining your side.
   • Gather supporting documents (rent receipts, emails, etc.).
   • Contact the Office of Residential Tenancies and ask for a hearing if you need.
2. How do I prepare for an ORT hearing?
   
   • Collect all relevant documents, such as your lease, notices, and payment histories.
   • Be ready to clearly present your facts and response to the landlord’s claims.
3. How can I avoid eviction for non-payment of rent?
   
   • Pay all outstanding rent owed (plus any fees) before the notice date.
   • Notify your landlord about payment and keep proof.

Key Takeaways for New Brunswick Tenants

• Landlords cannot evict without proper written notice and must follow specific legal steps.
• Tenants have the right to respond, dispute, or fix the problem before eviction is finalized.
• The Office of Residential Tenancies (ORT) settles disputes and issues final eviction orders.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT) – Service New Brunswick: Tribunal for rental disputes and eviction hearings
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Legal information for tenants
• Local tenant advocacy offices or legal clinics
• Review Tenant Rights and Landlord Rights in New Brunswick for your rights and duties

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1. Residential Tenancies Act, New Brunswick
2. Office of Residential Tenancies (ORT), Service New Brunswick

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