Grounds for Landlord Evictions Under NB Tenancy Law

Understanding why a landlord may seek to end a tenancy helps renters protect their housing and respond effectively. This guide explains the common legal grounds used in New Brunswick for landlord evictions—such as unpaid rent, significant damage, illegal activity, or landlords reclaiming a unit for personal use—and outlines the types of written notices and official forms you may receive. It describes practical steps tenants can take when served with an eviction notice, how to gather evidence, timelines for responding, and when to apply to the Residential Tenancies Tribunal. The tone aims to be clear and supportive so tenants can make informed choices, meet deadlines, and keep records that strengthen their case if a dispute proceeds to a hearing.

What counts as lawful grounds for eviction in New Brunswick?

Landlords must rely on the grounds and notice rules set out in provincial tenancy law. Common lawful grounds include:

• Unpaid rent — failure to pay rent when due can lead to a written notice and an application to end the tenancy.
• Substantial damage — deliberate or reckless damage to the unit beyond normal wear and tear.
• Illegal activity — using the unit for criminal activity that affects other residents or safety.
• Serious nuisance or disturbance — repeated behaviour that substantially interferes with others' enjoyment.
• Landlord's own use or major renovations — in some cases a landlord may seek possession to move in or perform renovations.
• Breach of other significant lease terms — repeated breaches after warnings or notices may be grounds.

Notices, official forms, and the law

Eviction starts with a written notice that explains the reason and any required deadline. Tenants should read notices carefully and check the relevant legislation (Residential Tenancies Act)^[2] and the process for disputes with the Residential Tenancies Tribunal^[1]. Official forms and notices used to start or respond to a termination can usually be found on provincial pages about residential tenancies and forms^[3]. For additional background on tenant rights in the province, see Tenant Rights and Landlord Rights in New Brunswick and for help with complaints consult How to Handle Complaints in Your Rental: A Tenant's Guide.

How to respond if you get an eviction notice

Key immediate steps tenants should consider when served with a notice:

• Read the notice carefully and note any deadlines — some notices give only a few days to respond.
• Gather evidence (photos, receipts, messages, repair requests) that explain your situation.
• Contact the landlord in writing to clarify the reason and try to resolve the issue where safe and appropriate.
• If you cannot resolve the dispute, file the appropriate application with the Residential Tenancies Tribunal before the deadline.
• Attend any hearing, bring originals of documents and witnesses where possible, and present a clear timeline of events.

Common tenant defenses and practical examples

Examples tenants often rely on: proof of rent payments, evidence that damage was pre-existing, conflicting timelines showing inadequate notice, or that a landlord did not follow required procedures under the Residential Tenancies Act^[2]. If a landlord seeks the unit for repairs or own use, tenants should ask for written proof of plans and timelines and check whether the notice meets legal requirements.

FAQ

What notice must my landlord give before evicting me?

It depends on the reason: for unpaid rent or breach a landlord must give a written notice specifying the cause and the time to remedy or vacate; timelines vary by ground and are set in the legislation and tribunal rules.

Can I contest an eviction in New Brunswick?

Yes. Tenants can file an application with the Residential Tenancies Tribunal to dispute a notice, present evidence, and request a hearing where a decision will be issued.

What happens if I ignore an eviction notice?

Ignoring a notice can lead to an application to the tribunal and a removal order if the tribunal grants the landlord’s request; responding and filing a dispute preserves your rights to be heard.

How-To

1. Read the written notice, note the exact grounds and the deadline for remedy or vacancy.
2. Collect evidence: receipts, photos, texts, emails, repair requests, and a dated timeline of events.
3. Send a written response to the landlord proposing a resolution or disputing facts, and keep a copy.
4. If you cannot resolve it, file the appropriate application with the Residential Tenancies Tribunal before the stated deadline.
5. Prepare for the hearing: bring originals, witnesses, and a clear summary; attend and present your case calmly.

Help and Support / Resources

• Residential Tenancies Tribunal: file a dispute and find tribunal contact details
• Residential Tenancies Act and provincial legislation information
• Official forms and notices for tenants and landlords

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