Eviction Support: Step-by-Step Help for New Brunswick Tenants

If you're a tenant in New Brunswick and facing eviction or worried about losing your rental housing, it's important to understand your rights, the eviction process, and the proper steps to respond. This article will guide you step-by-step through dealing with eviction problems in New Brunswick, including where to find official forms, how to communicate with your landlord, and when to seek extra help.

Know Your Rights: Evictions in New Brunswick

In New Brunswick, landlords must follow the Residential Tenancies Act when ending a tenancy or starting an eviction. Eviction is a formal process that can only happen with proper notice and, in most cases, by application to the province's Residential Tenancies Tribunal (RTT)[1]. Tenants have rights and options to dispute most evictions, and the process varies depending on the reason for termination.

• Landlords must give written notice ("Notice to Terminate"), stating the reason and required notice period.
• Tenants have a right to respond, object, or request a hearing in most cases.
• Only the Tribunal (not your landlord) can issue an eviction order.

For more details about overall rights in your province, visit Tenant Rights and Landlord Rights in New Brunswick.

Reasons for Eviction: What Landlords Can (and Can't) Do

Common grounds for eviction in New Brunswick include:

• Non-payment of rent
• Repeated late rent payments
• Serious damage to the property
• Illegal activity
• Landlord needs the unit for personal use, renovations, or a family member

It's against the law for a landlord to evict you without following the legal process. If you have issues like repairs or landlord conduct, see Common Issues Tenants Face and How to Resolve Them.

Step-by-Step: What To Do If You Receive an Eviction Notice

If you get a "Notice to Terminate" or eviction application, don't panic. Here’s what you should do:

1. Read the notice carefully. Note the date, reason, and the timeline given for you to respond.
2. Check if the notice is valid. Was it signed, dated, and does it state a legal reason?
3. Decide if you want to dispute the eviction. If you believe the reason is unfair or incorrect, you can file an "Objection to Notice of Termination".
4. Respond quickly. Most tenant objections must be filed within 7 days of receiving the notice for issues like non-payment, or 15 days for other reasons.
5. Gather documents. Collect lease agreements, payment records, written communication, and photos if needed.
6. Submit your objection. Use the correct Tribunal form (see below), and deliver it as instructed (online, by mail, or in person).

Official Forms and Where to Find Them

• Notice to Terminate – Form 10
  The landlord uses this form to begin eviction; it must clearly state the reason and notice period. Always check that the notice is complete and correct. See the official Form 10 (Notice to Terminate).
• Objection to Notice of Termination – Form 6
  Tenants use this form to formally dispute an eviction notice. For example, if you've received a Form 10 for alleged non-payment but you have rent receipts, use Form 6 and submit it to the Tribunal within 7 days. Access the Form 6 (Objection to Notice of Termination).
• Residential Tenancies Tribunal Application (General)
  If you need to request a hearing or make a complaint about other tenancy issues, use the Application Form (Form 3).

What Happens Next?

After submitting your objection, the Tribunal will typically schedule a hearing (often by phone or video). At the hearing, both you and your landlord will present your evidence. The Tribunal will then make a decision, which could:

• Dismiss the eviction notice
• Allow the eviction to proceed (with a date you must move out)
• Suggest a payment plan or alternative resolution

If you need to relocate, remember to follow the correct steps to How to Properly End Your Rental Agreement as a Tenant.

If you miss the deadline to respond to an eviction notice, the landlord may get an eviction order automatically. Always act quickly and keep proof of your response.

Protecting Your Rights During the Eviction Process

• Keep all communication in writing where possible.
• Keep copies of all forms submitted and correspondence with your landlord.
• Do not stop paying rent unless a Tribunal order says you can. See the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
• If in doubt, seek legal help or advice from a tenant support organization.

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Frequently Asked Questions About Eviction in New Brunswick

1. Can my landlord evict me without a written notice?
   No, a landlord must give you a written notice using the approved form, stating the reason and required notice period.
2. How much time do I have to object to an eviction notice?
   You usually have 7 days for non-payment or 15 days for other reasons to submit a formal objection to the Tribunal.
3. What if I need to move out before the end of my lease?
   You can negotiate with your landlord or apply to the Tribunal. Learn more at What to Do If You Need to Leave Your Rental Before the Lease Expires.
4. Do I have to move out immediately after receiving an eviction notice?
   No, you have the right to object and remain in the unit until the Tribunal makes a final decision, unless otherwise ordered.

How To: Steps to Dispute an Eviction in New Brunswick

1. How do I dispute an eviction for non-payment of rent?
   Use "Form 6 – Objection to Notice of Termination" and submit to the Tribunal within 7 days, with proof of payment or reason for dispute.
2. How do I prepare for my eviction hearing?
   Gather all documents, communications, and witness statements. Prepare to clearly explain your side and provide proof.
3. How do I find the correct forms?
   Visit the Residential Tenancies Tribunal website and download all official forms under "Forms for Tenants".

Key Takeaways

• Always respond quickly and in writing to eviction notices using the correct forms.
• Know your rights and don’t be afraid to dispute an eviction you believe is unfair.
• Support is available: contact the Residential Tenancies Tribunal or a tenant support group for help.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick) – Official info, forms, and contact details
• Residential Tenancies Act (New Brunswick) – Full legal text
• Legal advice and tenant support: Contact Public Legal Education and Information Service of New Brunswick (PLEIS-NB)

1. [1] New Brunswick Residential Tenancies Tribunal: Official site
2. [2] Residential Tenancies Act (New Brunswick)