Facing an eviction can be stressful. This guide explains in plain language how tenants in New Brunswick can appeal an eviction order, what deadlines apply, which forms to file, and what to expect at a hearing. It lays out practical steps for gathering evidence, preparing a written statement, requesting adjournments, and seeking legal or community help. Where possible it points to official tribunal contacts and the specific forms to use so renters can act quickly and confidently. If you are a renter worried about losing your home, this article helps you understand your rights, the appeal timeline, and how to present your case clearly to improve your chance of a fair outcome.
Before you appeal
Start by checking the eviction order carefully. Note the date the order was issued, the reason (for example non-payment of rent or breach of agreement), and any deadlines for filing an appeal. If you received a written order from the Residential Tenancies Tribunal, find the official filing deadline and contact details below.[1]
- Lease or rental agreement (signed copy and any written amendments).
- All rent receipts, bank transfers, or proof of payments showing amounts and dates.
- Written notices and the eviction order (keep originals or certified copies).
- Photos, videos, or repair requests that support your defence (mold, disrepair, safety issues).
- Contact details for witnesses or people who can support your case.
How to file an appeal
Appeals in New Brunswick are usually started by filing an application or notice with the Residential Tenancies Tribunal and paying any required fee. Use the tribunal s official application form and follow the filing rules exactly. If the order names a deadline to appeal, make sure you file before that date; late appeals are often dismissed.
- Application to the Residential Tenancies Tribunal (official application form) Use this to start an appeal and explain why you believe the eviction is wrong or unfair.
- Notice of Appeal or Request for Review (if the tribunal uses a separate appeal form) File this if the order tells you to appeal via a notice form.
- Fee payment or fee-exemption form (if applicable) Contact the tribunal about any fees and whether you qualify to have fees waived.
Practical example: if you received an eviction for unpaid rent but have bank records showing payment, attach the payment proof to the Application to the Residential Tenancies Tribunal and explain the dates and amounts in a short written statement.
What to expect at a hearing
Hearings are typically informal but important. Bring multiple copies of every document you plan to rely on, and prepare to present a short, clear timeline of events. You may be asked questions by the tribunal member and the landlord or their representative.
- Arrive early and check whether the hearing is in person, by phone, or by video.
- Present evidence in a logical order: agreement, payments, notices, and photos or messages.
- Have contact information ready for witnesses who may corroborate your timeline.
- Ask about adjournments only for good cause (e.g., new evidence or inability to attend).
Appeal outcomes and next steps
The tribunal can confirm the eviction, cancel it, or change the terms (for example by ordering repayment plans). If the appeal is unsuccessful, the order should explain next steps and timelines for vacating or enforcement; if successful, the eviction may be set aside or the landlord may be ordered to follow specific steps.
- If the order is set aside, confirm the written decision and keep a copy for your records.
- If the tribunal orders repayment to avoid eviction, get the payment terms in writing and follow them exactly.
- If you believe the landlord acted illegally (for example by trying to evict in retaliation), ask the tribunal about remedial options.
Related tenant resources
Learn more about your local rights and common tenancy problems with these pages:
- Tenant Rights and Landlord Rights in New Brunswick
- Common Issues Tenants Face and How to Resolve Them
- Find rental homes across Canada on Houseme
FAQ
- Can I appeal an eviction order in New Brunswick?
- Yes. Tenants can appeal an eviction order by filing the proper application with the Residential Tenancies Tribunal within the stated deadline and providing supporting evidence.
- How long do I have to file an appeal?
- Deadlines vary by the type of order; check the eviction order for the exact filing time and contact the tribunal right away if you are near the deadline.[1]
- What if I don t have all the documents the tribunal asks for?
- Bring everything you have, explain any gaps, and ask about filing additional documents later; the tribunal may allow supplementary evidence for good cause.
How-To
- Obtain and complete the tribunal s Application form and any required notice to appeal; follow the instructions exactly and note the deadline.
- Gather evidence: lease, payment records, photos, messages, and witness contacts to support your reasons to appeal.
- File the application with the Residential Tenancies Tribunal (see official contact) and prepare a short written statement to present at the hearing.
- Attend the hearing on time; bring copies of all documents and be ready to answer questions clearly and calmly.
- After the decision, read the written reasons carefully and follow any ordered steps or ask about further appeal rights if available.
Key Takeaways
- Act quickly: appeal deadlines are strict and missing them may end your options.
- Document everything: clear evidence improves your chance of a fair hearing.
- Use official tribunal contacts and forms to ensure your appeal is properly filed.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Official tenancy forms and resources - Service New Brunswick
- Residential Tenancies Act (New Brunswick)
