Evictions for Unauthorized Subletting in New Brunswick

If you rent in New Brunswick and are facing an eviction notice because of unauthorized subletting, this guide explains what happens next and how to protect your rights. Unauthorized subletting can lead landlords to end a tenancy, but tenants have processes, timelines, and defences to consider. Read on to learn how to verify allegations, gather evidence, respond to written notices, and use official forms to challenge a claim. We'll also explain the role of the Residential Tenancies Tribunal, common outcomes, and practical steps to avoid losing your home. This article is written for tenants and renters who need plain-language advice about next steps, documentation, and where to get legal or community support in New Brunswick.

What unauthorized subletting means in New Brunswick

Unauthorized subletting generally means a tenant allowed someone else to live in the rental unit without the landlord's permission or in violation of a lease clause. The province's residential tenancy rules set out when a landlord may take action, and the Residential Tenancies Tribunal handles formal eviction applications and disputes.^[2]

How landlords may respond and common notices

When a landlord believes an unauthorized sublet occurred they usually start with a written notice to the tenant and, if unresolved, an application to the tribunal. Notices will say what the landlord alleges and may set a short deadline to fix the problem or to vacate.

• Landlords commonly issue a written notice setting a deadline to stop the subletting or to vacate the unit.
• If the issue is not resolved, the landlord may file an application with the Residential Tenancies Tribunal to request an eviction order.

What tenants should do immediately

Act quickly but calmly: check your lease, document everything, and meet any deadlines in notices. Review the lease and the government resources linked below and consider tenant guidance such as Tenant Rights and Landlord Rights in New Brunswick and What Tenants Need to Know After Signing the Rental Agreement for more context.

• Check your lease for subletting clauses and any required permissions, and keep a copy.
• Gather evidence such as messages, photos, and names of the subtenant or occupants.
• Respond in writing to any notice and keep a dated copy; ask for clarification or more time if you need it.
• If the landlord applies for an eviction, file your evidence and any written response with the tribunal so it appears in the case record.^[1]

Evidence and documentation to collect

• Copies of your lease and any written permission or denial of permission to sublet.
• Texts, emails, and messages that show who lived in the unit and when.
• Rent records showing who paid rent and when, including receipts or bank records.

Timeline and tribunal process

When a landlord files for eviction the case goes to the Residential Tenancies Tribunal. The tribunal sets a hearing date where both sides present evidence and a decision is made. Attend the hearing, bring originals or clear copies of documents, and be ready to explain what happened.^[1]

Practical outcomes and defences

• The tribunal may dismiss the application if the landlord cannot prove the sublet breached the lease terms.
• The tribunal may order remedies such as a warning, a monetary order, or an eviction depending on the facts.
• Valid defences include having prior landlord permission, a misunderstanding, or evidence that the person was a visitor and not a subtenant.

FAQ

Can a landlord evict me for subletting without permission?

Yes. If your lease forbids subletting and the landlord proves an unauthorized sublet took place, they can apply to end the tenancy with the Residential Tenancies Tribunal.

What if I had permission from the landlord?

If you have written permission, show it at the hearing; permission is often a full defence against eviction.

Where do I get the official forms to respond?

Official forms and guidance are available from Service New Brunswick and the tribunal website.

How-To

1. Gather lease, messages, payment records, and any evidence of permission.
2. Respond to the landlord in writing and keep a dated copy for your records.
3. File or submit your response and evidence to the Residential Tenancies Tribunal before the hearing date.
4. Attend the hearing prepared to explain your side and present documents in support of your case.

Key Takeaways

• Collect and save all written communication and rent records as soon as possible.
• Meet all deadlines for notices and tribunal filings to protect your rights.
• Seek legal advice or tenant services early if you are unsure how to respond.

Help and Support / Resources

• Contact the Residential Tenancies Tribunal
• Read the Residential Tenancies Act

---

1. [1] Residential Tenancies Tribunal (Service New Brunswick)
2. [2] Residential Tenancies Act (Government of New Brunswick)
3. [3] Official forms and guides (Service New Brunswick)

If you must look for a new place quickly, Find rental homes across Canada on Houseme to see current listings and filters that can help you locate pet-friendly or short-term options.