When a tenant is evicted in New Brunswick, questions about stored, removed or abandoned belongings are common and stressful. This guide explains what typically happens to personal property after an eviction, the provincial rules and bodies that decide disputes, and clear steps tenants can take to try to recover items. It is written for renters and uses plain language so you can understand timelines, required forms, and practical actions like documenting possessions and contacting the tribunal or landlord. If you are facing eviction, read the timelines carefully, collect evidence, and follow the steps below to protect your rights in New Brunswick.
How possessions are usually handled
After a lawful eviction, landlords may remove items left behind. In New Brunswick the adjudicator for tenancy disputes is the Residential Tenancies Tribunal[1], and the rules about abandoned property and landlord duties are set out in the Residential Tenancies Act[2]. Landlords must not dispose of items immediately without following any statutory notice or storage obligations. If you believe belongings were taken improperly, you can apply to the tribunal.
Common practical outcomes are:
- Landlord stores items and notifies the tenant when contact details are available and a reasonable storage period applies.
- Landlord sells or disposes of property after following notice or statutory waiting periods if items are clearly abandoned under the Act.
- Tribunal orders can require return of items or compensation where removal was unlawful or storage fees are unfair.
Key forms and when to use them
Two documents you may need are the tribunal application and any written notice about belongings. Practical examples below explain when to use each.
Application to the Residential Tenancies Tribunal (application form)
When to use: if you believe the landlord unlawfully removed, sold, or damaged your belongings, file an application with the Residential Tenancies Tribunal to ask for return or compensation. Example: you were evicted and the landlord sold your bicycle without notice; you would file the tribunal application and attach photos, receipts, and any messages showing ownership and value. Find the Tribunal page for filing details and forms[1].
Notice to Vacate or written retrieval request
When to use: provide a clear written request to the landlord asking for access to collect belongings and identify a reasonable retrieval window. Example: after eviction you email a dated list of items and ask to pick them up within 7 days, noting you will apply to the tribunal if denied.
Practical steps tenants should take
Follow these practical actions to preserve evidence, meet timelines, and improve your chances of getting items back.
- Note deadlines and act within statutory timeframes; file applications promptly if the landlord refuses access.
- Create a dated inventory with photos, receipts, and serial numbers where possible.
- Contact the landlord in writing to request retrieval and record any response or refusal.
- File an application to the Residential Tenancies Tribunal if informal requests fail, attaching your evidence.
FAQ
- Can a landlord immediately throw out items left after eviction?
- No. Landlords must follow the province's legal rules and any notice or storage obligations before disposing of belongings; check the Residential Tenancies Act for specifics and consider applying to the Tribunal if disposal seems wrongful.
- How long do I have to retrieve my belongings?
- Timelines depend on the circumstances and the Act; act quickly, give written requests for retrieval, and be prepared to file an application to the Tribunal if the landlord does not cooperate.
- Can I be charged unreasonable storage fees?
- Landlords can charge reasonable storage costs, but excessive or undocumented fees can be challenged at the Tribunal with evidence of market or actual costs.
How-To
- Act immediately: note dates, preserve contact records, and make written retrieval requests within a few days of eviction.
- Create an inventory with photos, receipts, and serial numbers to prove ownership and value.
- Contact the landlord to arrange a time to collect items; keep all messages and records of refusals.
- If informal plans fail, file an application with the Residential Tenancies Tribunal and attach evidence and the written retrieval request.
- If the Tribunal orders return, follow its directions promptly to retrieve items and document handover.
Help and Support / Resources
- Residential Tenancies Tribunal — official adjudicator for tenancy disputes
- Residential Tenancies Act — current law on landlords and tenants
- Service New Brunswick — general tenancy resources and forms
Other helpful resources include tenant guides about ending a tenancy and moving out; for practical moving listings you can also Find rental homes across Canada on Houseme. For related provincial tenant rights see Tenant Rights and Landlord Rights in New Brunswick and for practical moving guidance see Moving Out Tips: A Tenant''s Guide to a Smooth Rental Exit.
