Facing an eviction notice can be overwhelming for tenants. This guide explains what renters in New Brunswick need to know about different types of eviction notices, common reasons landlords serve them, and the timeline you must follow. It covers how to read a notice, when to respond, what official forms to use, and steps to apply to the Residential Tenancies Tribunal. You will also find practical tips on documenting communications, preserving evidence, and options if you need more time or legal help. The goal is to give clear, actionable information so tenants can act confidently, meet deadlines, and protect their rights while navigating the provincial process.
What is an eviction notice?
An eviction notice is a written document a landlord gives a tenant to end the tenancy or to require action (for example, to pay rent or stop a lease breach). Notices vary by reason and have specific timelines. If you receive one, read it carefully to see the reason, the date it was served, and any deadline to respond. You may have the right to dispute the notice by applying to the Residential Tenancies Tribunal[1] or by relying on protections in the provincial Residential Tenancies Act[2].
Common reasons landlords serve eviction notices
- Non-payment of rent, including partial payments or repeated late payments.
- Breach of a lease term such as unauthorized subletting or keeping prohibited pets.
- Damage to the unit or serious neglect that affects habitability or safety.
- Illegal activity on the premises or threats to other tenants or neighbours.
Deadlines and timelines
- Many notices give a short deadline (for example, a few days to pay overdue rent) — check the notice for the exact number of days.
- If a notice asks you to vacate, it will state the date you must leave; you can often apply for a hearing before that date to contest it.
- There are strict filing deadlines to take your case to the tribunal; missing them can limit your options.
Official forms you may need
New Brunswick makes standard forms available for tenancy matters, including notices and tribunal applications. Common forms include:
- Notice to Terminate for Non-Payment (use when a tenant owes rent; follow the notice period on the form and keep a copy).
- Notice to Terminate for Breach of Lease (use when a tenant breaks a lease term; the form explains remedy periods).
- Application to the Residential Tenancies Tribunal (use to dispute a notice or ask for an order; include evidence and a clear request for relief).
Example: if you receive a Notice to Terminate for Non-Payment, pay the stated amount within the notice period and keep a receipt, or file an application with the tribunal before the deadline to dispute the notice. Official forms and guidance are available from the provincial site and tribunal pages[3].
How to respond and gather evidence
Take these practical steps as soon as you receive a notice:
- Keep copies of the notice, any lease clauses, rent receipts, emails, and photos showing the unit condition.
- Communicate with your landlord in writing where possible and keep records of all messages and dates.
- If the notice allows a remedy (for example, pay rent within a set time), act quickly and keep proof of payment.
- If you disagree, file an application with the Residential Tenancies Tribunal before the deadline and prepare evidence for your hearing.
Options if you cannot resolve the notice
If you cannot come to an agreement with your landlord, apply to the Residential Tenancies Tribunal to dispute the notice or ask for more time. The tribunal handles hearings, can grant orders to end or cancel a termination, and may award remedies. Legal clinics, tenant advice services, or a lawyer can help prepare your application and evidence. If the tribunal issues an order you must follow it or apply for a stay if you need more time to move.
Ending the tenancy and moving out
If you decide to leave, follow the correct steps to give notice and return keys so you do not face additional claims. For guidance on ending your lease properly, see How to Properly End Your Rental Agreement as a Tenant. For packing, cleaning, and final inspections, review Moving Out Tips: A Tenant''s Guide to a Smooth Rental Exit.
If you need to find a new home quickly, consider using online listing tools to search available rentals. Find rental homes across Canada on Houseme.
FAQ
- What should I do first if I receive an eviction notice?
- Read the notice carefully, note the deadline, gather documents (receipts, photos, messages), and consider whether you can fix the issue or should apply to the tribunal.
- Can a landlord evict me without a hearing?
- No. Landlords must follow notice rules; if you dispute the notice, you can apply to the Residential Tenancies Tribunal for a hearing where both sides present evidence.
- What if my landlord tries to change the locks or remove my belongings?
- Illegal lock changes and self-help evictions are generally prohibited. Contact the tribunal or local enforcement and document the incident immediately.
How-To
- Read the eviction notice and note the exact reason and any deadline to act.
- Collect evidence: receipts, photos, messages, and a copy of your lease.
- Decide whether to fix the issue (for example, pay overdue rent) or file an application with the tribunal.
- Prepare and submit your tribunal application before the deadline and attach clear evidence and a summary of your request.
- Attend the hearing, present facts calmly, and follow any tribunal order issued.
Help and Support / Resources
- [1] Government of New Brunswick - Residential Tenancies (Tribunal) page
- [2] Government of New Brunswick - Legislation and Acts (including Residential Tenancies Act)
- [3] Government of New Brunswick - Forms and guides for tenants and landlords
