Eviction Rules and Tenant Rights in New Brunswick

Facing an eviction notice can be extremely stressful for tenants. In New Brunswick, understanding your rights and knowing the legal eviction process can help you effectively navigate this situation and potentially avoid or challenge an eviction. This guide explains the rules, forms, and steps involved with residential evictions under New Brunswick law, so tenants can feel informed and supported.

Who Oversees Tenant Evictions in New Brunswick?

Residential tenancies in New Brunswick are governed by the Residential Tenancies Act (RTA), and all related disputes—including evictions—are managed by the New Brunswick Residential Tenancies Tribunal. This government body handles landlord-tenant issues, addresses complaints, and processes eviction-related forms. You can contact the Tribunal directly online or by phone for support.

Common Reasons for Eviction

Landlords can evict tenants in New Brunswick for specific reasons, but they must follow fair notice procedures. The most common grounds include:

• Non-payment of rent
• Persistent late payment of rent
• Serious violation of the rental agreement
• Damage to the property
• Interfering with other tenants' rights or safety

Each reason requires different notice periods and may involve specific forms.

The Legal Eviction Process

1. Landlord Provides a Formal Notice

Landlords must give written notice using the official forms provided by the Residential Tenancies Tribunal. Common notice types include:

• Notice to Quit (Form 6): Used for termination due to non-payment, often allowing the tenant several days to pay overdue rent and avoid eviction. Download Form 6 (PDF)
• Notice of Termination by Landlord (Form 8): Used for persistent late payments or violations of the lease agreement. Download Form 8 (PDF)

Example: If your rent is overdue, your landlord may serve you a Form 6 notice. If you pay within the given timeframe, the eviction process stops.

2. Opportunity to Remedy the Problem

For issues like late rent, tenants often get a chance to correct the problem—such as paying all arrears—before the notice period expires. For more serious violations (property damage, severe disturbances), you may not get this opportunity.

3. Application to the Tribunal

If the problem isn't resolved, a landlord can seek an eviction order through the Tribunal. Tenants will be notified and can present their side at a hearing. It’s vital to respond promptly if you receive Tribunal paperwork.

How Long Does an Eviction Take?

The timeline for eviction depends on the reason. For non-payment, a tenant typically gets 7 days’ notice; for other violations, it may be 15 days or more. From notice to final order, the process can take several weeks, especially if contested before the Tribunal.

Your Rights and Responsibilities

Both landlords and tenants in New Brunswick have outlined obligations. Even if you're behind on rent or have received a notice, you maintain the right to due process under the law. To better understand tenant and landlord duties, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For a full overview, see Tenant Rights and Landlord Rights in New Brunswick.

Moving Out After an Eviction

If the Tribunal orders an eviction, you’ll usually have a specific number of days to move out. To help you with a smooth exit and protect your deposit, check our Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

If you are searching for a new place, explore Browse apartments for rent in Canada for up-to-date listings nationwide.

What Forms Do Tenants Need?

• Application for Dispute Resolution (Form 15): Use this to formally dispute an eviction notice or file a complaint against your landlord. Download Form 15 (PDF).
  Example: You believe your landlord issued a notice unfairly, so you complete Form 15, explain your reasons, and submit it to the Tribunal within the required timeframe.
• Tenant’s Notice of Termination (Form 11): If you need to end your lease yourself or leave early due to unsafe conditions, use this form: Download Form 11 (PDF).

Summary: Know Your Rights as a Tenant Facing Eviction

While eviction is a legal process prescribed by New Brunswick law, you have multiple protections along the way. Be proactive in responding to notices and use all available tools to assert your rights.

1. Can my landlord evict me without a written notice?
   No. Landlords in New Brunswick must provide official written notice using the correct Tribunal form, stating the reason and the move-out date.
2. What if I pay my rent after receiving an eviction notice?
   If you pay within the notice’s grace period (usually 7 days for non-payment), the eviction process stops and you may remain in your home.
3. Do I have to move out on the date in the notice?
   Not necessarily. Only a formal Tribunal order can require you to leave if you dispute the eviction. Otherwise, you can challenge the notice.
4. What happens to my security deposit if I'm evicted?
   Your security deposit (damage deposit) must be returned unless there is unpaid rent, damage, or other valid deductions. See more in Understanding Rental Deposits: What Tenants Need to Know.

1. How can I challenge an eviction notice in New Brunswick?
   You must complete and submit Form 15 (Application for Dispute Resolution) to the Tribunal before the deadline listed on your eviction notice. Explain your reasons clearly and provide any evidence.
2. How do I get help from the Residential Tenancies Tribunal?
   Contact the Tribunal online, by phone, or visit a Service New Brunswick location. Have your notice, lease, and any relevant forms ready for reference.
3. What steps should I take if I receive a Notice to Quit?
   Review the notice, pay any overdue rent within the grace period (if possible), or use Form 15 to dispute the notice if you believe it is unfair.

• All tenants have the right to written notice and a fair hearing at the Tribunal.
• Responding quickly to notices and Tribunal paperwork protects your housing rights.
• Support, dispute resolution forms, and advice are available if you need help navigating the process.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – Information, forms, and dispute resolution
• Residential Tenancies Act (RTA) – New Brunswick
• Form 15: Application for Dispute Resolution (PDF)
• Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act, New Brunswick
2. Residential Tenancies Tribunal, New Brunswick
3. Form 6: Notice to Quit – New Brunswick Tribunal
4. Form 8: Notice of Termination by Landlord – New Brunswick Tribunal
5. Form 15: Application for Dispute Resolution, New Brunswick
6. Tenant Rights and Landlord Rights in New Brunswick

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