Facing an eviction notice in New Brunswick can be stressful, but understanding your rights and the required procedures can help you navigate this difficult time. If you’re a tenant wondering about the eviction process timeline in New Brunswick, this guide provides a clear breakdown of every stage, from the first notice to what happens if the case goes before a tribunal.
Who Oversees Evictions in New Brunswick?
In New Brunswick, residential tenancies are regulated by the Residential Tenancies Tribunal. The rules are governed by the Residential Tenancies Act (2018, c.23), which applies to almost all rental agreements in the province.[1]
Grounds for Eviction
A landlord must have valid legal reasons to end a tenancy. The most common grounds include:
- Non-payment of rent
- Repeated late payments
- Breach of tenancy agreement (e.g., unauthorized occupants, property damage)
- Landlord's own use of the property (with proper notice and reason)
Eviction Timeline and Notice Requirements
The timeline for eviction in New Brunswick depends on the reason for ending the tenancy. Here’s a summary of common scenarios:
- Non-Payment of Rent:
- The landlord can give a Notice to Vacate if rent is not paid on time. The tenant then has 7 days from the due date to pay the rent and avoid eviction.
- Other Reasons (e.g., breach of lease):
- Landlord must serve the tenant with appropriate written notice. The notice period may range from 7 to 3 months, depending on the reason and lease type.
What Happens If You Receive a Notice?
- Act quickly: If the notice is for non-payment, pay the outstanding rent within the 7-day period if possible.
- Review the form: Confirm the notice includes your name, address, the reason, and the correct notice period.
- If you disagree with the notice, you can apply for a Review of the Notice (see next section).
Official Forms for the Eviction Process
The forms used in New Brunswick for the eviction process are provided by the Residential Tenancies Tribunal. Here are key forms tenants should know:
- Notice to Vacate (Form 1): This is used by landlords to give a tenant an official written warning to leave for specific reasons (e.g., unpaid rent, breach of agreement).
Example: If you missed a rent payment, your landlord must complete and serve Form 1. Access Form 1 - Application for Review/Dispute (Form 2): As a tenant, you may use this to dispute a Notice to Vacate if you believe it is unjust.
Example: If you think the landlord’s reason is incorrect, file Form 2 within 7 days of receiving the notice. Access Form 2
Steps After Notice Is Given
- Landlord gives you an official Notice to Vacate with the proper notice period based on the reason.
- If you wish to contest the notice, submit an Application for Review/Dispute to the Residential Tenancies Tribunal within 7 days.
- The Tribunal may schedule a hearing (by phone or written submissions) to decide if the eviction is valid.
- If the Tribunal rules in favour of the landlord, you will be given a deadline to move out.
- If you remain after the deadline, the landlord may seek an eviction order enforced with the help of the Sheriff’s office.
At each step, keep records of notices, communication, and payments. For concerns about ending your rental, see How to Properly End Your Rental Agreement as a Tenant.
Your Rights and Responsibilities During Eviction
Even during an eviction process, tenants have a right to fair treatment and proper procedure. Landlords cannot change locks, remove your belongings, or shut off utilities without a formal eviction order from the Tribunal. If this happens, contact the Tribunal immediately.
End of Tenancy and Security Deposits
After an eviction or a proper end of tenancy, you may be entitled to your security deposit, minus any lawful deductions. Learn more in How to Get Your Security Deposit Back with Interest When Moving Out.
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For more province-specific tenant protections, visit Tenant Rights and Landlord Rights in New Brunswick.
FAQs: New Brunswick Tenant Eviction
- How much notice does a landlord have to give for eviction in New Brunswick?
Most cases require a written Notice to Vacate, with periods ranging from 7 days for non-payment to 3 months for other reasons. - Can my landlord evict me without going to the Residential Tenancies Tribunal?
No, a landlord must serve proper notice and, if disputed, have the Tribunal issue an eviction order. Landlords cannot evict tenants directly without Tribunal involvement. - What if I pay my overdue rent after receiving an eviction notice?
If you pay all overdue rent within 7 days of the notice, you can stop the eviction process for non-payment cases. - Do I need to move out immediately after receiving an eviction notice?
No. You only need to leave if the Tribunal issues an eviction order and provides a move-out deadline. - How do I dispute an unfair eviction notice?
File an Application for Review/Dispute (Form 2) with the Tribunal within 7 days of receiving the notice, and explain your reasons for disputing it.
Key Takeaways for Tenants
- The eviction process in New Brunswick always requires official notice and proper procedure.
- Tenants have the right to dispute unfair eviction notices through the Residential Tenancies Tribunal.
- Timely action, understanding of forms, and knowledge of your rights go a long way in protecting yourself.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (NB Government) – Forms, guides, and contact details
- Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – Tenant rights and information
- Tenants can also contact Service New Brunswick for additional support at 1-888-762-8600
- For all-Canada rental info: Government of Canada Renting Guide
- See the New Brunswick Residential Tenancies Act (2018, c.23) for the latest legal requirements.
- Residential Tenancies Tribunal official forms and process: NB Rental Forms.
