If you’re facing eviction in New Brunswick, it’s important to know that you have legal rights, options, and resources to help you challenge the process. Understanding your steps can make the difference between keeping your home and having to move out. This article explains how tenants can respond to eviction notices, the forms involved, timelines, and how to get help.
Eviction in New Brunswick: The Basics
Eviction—or "termination of tenancy"—means your landlord is asking you to move out, either for non-payment of rent, breach of agreement, or other legal reasons. In New Brunswick, most eviction matters are handled by the Residential Tenancies Tribunal. The main law governing these situations is the Residential Tenancies Act (New Brunswick)[1].
Common Legal Grounds for Eviction
- Non-payment of rent
- Repeated late rent
- Breach of the lease or rental agreement (for example: unauthorized pets, causing damage)
- Landlord’s use: landlord, a close family member, or purchaser wants to move in
- Major renovations or demolition
Every tenant in New Brunswick receives written notice if the landlord is seeking eviction. Notices must follow strict legal rules.
Responding to an Eviction Notice: Steps for Tenants
It can be stressful to get an eviction notice, but you may be able to fight it—especially if you believe it’s unfair or not legally valid.
- Read the notice carefully and check the reason for eviction.
- Note the dates: how much time do you have to respond?
- Gather documents: lease, rent receipts, communications, inspection reports.
- If you disagree, you can file a formal Response with the Residential Tenancies Tribunal.
Many tenancy issues—such as maintenance, payment disputes, lease conditions, or landlord obligations—are common causes for conflict. For more details, see Common Issues Tenants Face and How to Resolve Them.
Important Forms: How and When to Use Them
- Notice of Termination (Form 11.1 or 11.2): This is the initial notice your landlord gives, stating the reason and date for termination. Always keep a copy. See all official tenancy forms.
- Application for Review (Form 3): If you want to challenge or appeal the eviction, use this form to request a review by the Tribunal. For example, if you believe the rent was paid, the notice was improper, or you dispute the facts.
Download: Application for Review (Form 3).
Deadlines are strict: usually you must respond within 7 days of receiving the termination notice. If you miss this deadline, you risk losing your right to challenge, and eviction can proceed by default.
Missing a response deadline severely limits your options. Always act quickly and keep records of every communication you have.
How the Residential Tenancies Tribunal Process Works
The Residential Tenancies Tribunal is the government body that resolves disputes between tenants and landlords in New Brunswick. Hearings may be conducted in-person, by phone, or in writing. Both parties can present their case and respond to evidence. Decisions by the Tribunal are binding, but can sometimes be appealed to the courts.
If your rental agreement covers more than just basic rent (for example, includes utilities, parking, or other obligations), review your signed documents. To better understand your responsibilities and rights after your lease begins, see What Tenants Need to Know After Signing the Rental Agreement.
Your Rights at Each Stage
Tenants in New Brunswick have protections under the Residential Tenancies Act. You have the right to:
- Receive proper written notice with accurate dates and reasons
- Be heard by the Tribunal if you dispute the notice
- Request reasons in writing for the Tribunal’s decision
- Remain in your home until the process is complete and a final order is issued
For a broader overview of laws in your province, visit Tenant Rights and Landlord Rights in New Brunswick.
If You Need to Move Out
Sometimes, even if you dispute the eviction, you may decide to move to avoid stress or legal fees. When moving out, review steps for ending your tenancy properly and getting your deposit back. For full guidance, see How to Get Your Security Deposit Back with Interest When Moving Out.
To explore housing options or find your next home, Browse apartments for rent in Canada with trusted tools and up-to-date listings.
FAQ: Challenging Evictions in New Brunswick
- Can I stop an eviction if I pay the overdue rent?
In many cases, yes. If you pay the full amount of overdue rent plus any owed fees before the Tribunal issues a decision, the eviction may be cancelled. Always provide proof of payment. - How much time do I have to respond to an eviction notice?
You typically have 7 days to respond with an Application for Review. If you wait too long, you may lose the right to contest the eviction. - Do I need a lawyer for an eviction hearing?
No, but legal advice can help. Tenant support organizations sometimes offer free or low-cost guidance during the Tribunal process. - What happens if I ignore the eviction notice?
If you do not respond or attend the hearing, the Tribunal can grant the eviction by default. This can lead to a sheriff enforcing the order and you being required to vacate. - Can my landlord evict me without a legal reason?
No, landlords must have a valid reason under the Residential Tenancies Act and follow the correct legal procedure.
Key Takeaways for Tenants
- Always read eviction notices carefully and respond promptly to protect your rights.
- Use the official Application for Review form to dispute a notice before the deadline.
- Knowledge of your rights and early communication with your landlord can often prevent eviction.
Need Help? Resources for Tenants
- New Brunswick Residential Tenancies Tribunal – Eviction forms, guidance, and contact information
- Residential Tenancies Act (NB) – Official legislation text
- Application for Review Form – To dispute an eviction
- Legal Information Society of New Brunswick – Free information and legal support for tenants
