Fight a Renoviction in New Brunswick: Steps and Tenant Rights
If you’re a tenant in New Brunswick and have received an eviction notice for renovations—commonly called a “renoviction”—it’s essential to know your rights and the steps required to protect your housing. This guide offers clear, up-to-date information for tenants facing renoviction, drawing from official provincial laws and procedures. Empower yourself to respond effectively and maintain your home.
What Is Renoviction in New Brunswick?
Renoviction happens when a landlord tries to evict a tenant on the grounds that extensive renovations make continued occupancy impossible. While landlords are permitted to do upgrades or repairs, they cannot evict tenants unless the work truly requires you to leave the unit. The rules for renovictions in New Brunswick are regulated by the Residential Tenancies Act (New Brunswick).[1]
Your Rights When Facing Renoviction
Landlords cannot evict you for minor repairs or cosmetic updates. Under the Residential Tenancies Act, a renoviction is only legal when:
- The renovations are significant and genuinely require vacant possession (e.g., structural changes, major plumbing or electrical work).
- The landlord gives proper written notice—generally at least three months’ notice in most situations.
- The correct form is used and the reason for eviction is clearly explained in writing.
You can dispute the renoviction if you believe it is not justified, the work could be safely done with you in place, or the notice was not provided in the correct form or timeframe.
Recognizing Invalid Renoviction Notices
Tenants may receive renoviction notices that are improper or not legally enforceable. For example:
- The notice period is less than three months.
- The landlord fails to specify the exact renovations.
- The renovations seem minor, cosmetic, or could easily be staged around your tenancy.
In these situations, you may have strong grounds to fight the eviction and stay in your home. For a general overview of tenant and landlord rights in the province, refer to Tenant Rights and Landlord Rights in New Brunswick.
Official Forms and How to Use Them
Notice of Termination by Landlord (Form 6)
If your landlord is renovicting you, they must use the Notice of Termination by Landlord (Form 6). This official form must:
- State the real reason for eviction (e.g., renovations requiring vacant possession).
- Include the correct notice period (three months in most cases).
- Be delivered in person, by registered mail, or left at your door.
See the official form and instructions at the New Brunswick Residential Tenancies Tribunal website.[2]
Application for Hearing (Form 2)
If you wish to challenge a renoviction notice, file an Application for Hearing (Form 2) with the Residential Tenancies Tribunal within 7 days of receiving the notice. Use this form to explain why the eviction is not justified—for example, the renovations do not require you to move or the notice isn’t valid.
Download Form 2: Application for Hearing from the official source.[3]
Next Steps: Protecting Your Rights
- Review the notice to confirm if it follows the correct procedure and uses Form 6.
- If you believe the renoviction is unfair, quickly fill out and submit Form 2 to request a hearing.
- Gather supporting evidence—photos, correspondence, or proof that renovation can be scheduled around your tenancy.
- Keep detailed records of all communication with your landlord.
For more about your rights and responsibilities before, during, and after signing a lease, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Your Hearing with the Residential Tenancies Tribunal
Renoviction hearings are handled by the New Brunswick Residential Tenancies Tribunal. At your hearing, you will present your case, provide supporting evidence, and explain why the renovations do not require you to leave.
- The Tribunal will decide if the renoviction is justified and issue a legally binding ruling.
- If successful, you may remain in your home or negotiate alternative arrangements.
- If unsuccessful, you’ll have a set time to move out according to the law.
Remember, you can seek guidance from tenant advocacy groups or community legal clinics throughout the process.
Other Resources to Help Protect Your Housing
- Find information and advice on avoiding common problems: Common Issues Tenants Face and How to Resolve Them.
- Start your rental search and compare options: Browse apartments for rent in Canada.
FAQ: Renoviction in New Brunswick
- Can my landlord evict me for planning to renovate?
Only if the renovations truly require you to move out, and the landlord follows the correct legal process. - How much notice do I get if I’m being renovicted?
In most cases, 3 months’ written notice is required using the official Form 6. - What if the renovation is minor?
Minor repairs do not justify eviction. Challenge the notice using Form 2 if you believe the work is cosmetic or unnecessary. - Where can I get help disputing a renoviction?
Reach out to the Residential Tenancies Tribunal or a local legal clinic. See resources below for contact information. - What happens if I lose my Tribunal hearing?
You may be required to move out by a set date, but you can still explore other rental options and may appeal the ruling in some cases.
Summary: Key Takeaways
- You are protected by the Residential Tenancies Act in New Brunswick—renoviction must follow strict rules.
- Act quickly if you believe your eviction notice is not valid; use Form 2 to request a hearing within 7 days.
- Always gather documentation and don’t hesitate to seek legal or tenant advocacy support.
Need Help? Resources for Tenants
- New Brunswick Residential Tenancies Tribunal: Information, forms, and dispute resolution.
- Tenant Advocacy New Brunswick: Community support and legal information—available through local legal aid clinics and tenant support groups.
- Find local legal aid: New Brunswick Legal Aid Services
- More on your rights: Tenant Rights and Landlord Rights in New Brunswick
Categories
Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & TenancyRelated Articles
- Notice to Terminate Tenancy Form in New Brunswick: A Tenant’s Guide · June 27, 2025 June 27, 2025
- Notice to Terminate Tenancy in New Brunswick: Tenant Guide · June 27, 2025 June 27, 2025
- Top 50 Questions About Evictions for Tenants in New Brunswick · June 26, 2025 June 26, 2025
- What Tenants Should Know About Bad-Faith N12 Evictions in New Brunswick · June 25, 2025 June 25, 2025
- Eviction for Damages in New Brunswick: Tenant Guide · June 20, 2025 June 20, 2025
- Eviction for Landlord’s Family Use: New Brunswick Tenant Rules · June 20, 2025 June 20, 2025
- Eviction for Tenant Misconduct in New Brunswick: Your Rights and Options · June 20, 2025 June 20, 2025
- Reporting an Illegal Eviction in New Brunswick: Tenant Guide · June 20, 2025 June 20, 2025
- What Happens If You Ignore an Eviction Order in New Brunswick · June 20, 2025 June 20, 2025