How to Clear an Eviction Record in New Brunswick

Facing an eviction in New Brunswick can feel overwhelming, especially if you're unsure how it might affect your future ability to rent a home. Many tenants wonder if it's possible to clear an eviction from their record and what steps they can take to move forward. Understanding your rights and options is essential so you can better prepare for your next rental search and protect your housing opportunities.

Eviction Records in New Brunswick: What Tenants Need to Know

In New Brunswick, eviction information is not stored in a permanent, official government database that's accessible to the public. However, there are several ways an eviction may impact your future rental situation:

• Landlord and Tenancy Tribunal Records: Decisions made by the Residential Tenancies Tribunal (the official provincial body in New Brunswick; visit the Residential Tenancies Tribunal) may become part of the formal file, but these are not the same as a criminal record.
• Credit Reports: If you owe money after an eviction and the landlord sends your debt to a collection agency or obtains a court judgment, this can appear on your credit file.
• Rental History References: Future landlords may request references from previous landlords and could learn about your eviction through those channels.

Summary: Although there is no centralized 'eviction record' in New Brunswick, certain situations can affect your rental prospects. Below, you'll find options about how to respond and, in some cases, how to rebuild your rental profile after an eviction.

Can an Eviction Be Removed or Expunged in New Brunswick?

Unlike some jurisdictions that may have a process to expunge (erase) an eviction, New Brunswick does not have a formal process to 'remove' an eviction from official government records. If your landlord won an order for your eviction or if you owe money, these records may exist with the Residential Tenancies Tribunal or credit agencies. Here are some practical considerations:

• Public Records: Tribunal orders may remain on file for a limited time, but are not automatically accessible to the general public.
• Disputing Errors: If you believe an eviction is incorrectly documented, you can contact the Tribunal to clarify.
• Paying Outstanding Debts: Satisfying money owed can improve your credit file, though past legal actions may still appear on your record for a set period (often six years with credit bureaus).

Note: Rebuilding trust with future landlords is possible, especially if you can show evidence of responsibility, payment, or positive references since the eviction event. Be honest about your past and demonstrate what you've done to improve your circumstances. Tenant Rights and Landlord Rights in New Brunswick are outlined on our provincial facts page.

Relevant Forms, Appeals, and Steps

If you believe the eviction was not lawful, or you want to seek a review, you can take specific action through the Residential Tenancies Tribunal. Here are the key forms and processes:

• Application for Review (Form 16): Used if you want a review of the decision made by the Tribunal.
  Example: If you did not attend your hearing or feel the decision was unfair, you could submit this form with your reasons. Find and submit the Application for Review (Form 16) within 7 days of the order.
• Dispute of a Claim: If your landlord reports you to a credit bureau or collections, you can contact the agency to dispute the debt if you believe it is inaccurate or resolved.

If you are planning to move to a new rental, review Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit to avoid potential disputes and create a positive rental reference moving forward.

How Long Does an Eviction Affect You?

An eviction can impact your ability to rent, primarily through informal means like landlord references or through your credit report if unpaid rent was sent to collections. Generally:

• Credit impacts from debt or court judgments last up to 6 years
• Landlords can ask about your previous rental history and may learn about past evictions from references

There is no single government "eviction record" in New Brunswick. Past actions mainly affect you through credit and reference checks.

Practical Steps for Tenants

Here’s how you can move forward if you’ve experienced an eviction in New Brunswick:

• Settle outstanding debts with your former landlord, if possible
• Request written confirmation when debts are paid
• Collect positive references from current or previous landlords
• Explain your situation honestly to future landlords and describe steps you've taken to improve
• Use resources like Explore Houseme for nationwide rental listings to broaden your search for future housing

FAQ: Eviction Records and Your Rights in New Brunswick

1. Can I remove an eviction from my record in New Brunswick?
   There’s currently no official government process to expunge or erase an eviction record. However, you can dispute errors and ensure debts are paid, which may help your rental and credit prospects in the future.
2. Will future landlords know about my eviction?
   Landlords may request references or check your credit file. If your eviction involved unpaid rent or damages that went to collections, it may show on your credit check for up to 6 years.
3. Can I appeal an eviction decision?
   Yes, by using the Application for Review (Form 16) with the Residential Tenancies Tribunal within 7 days of the decision if you believe a mistake has been made.
4. How do I build a positive rental history after an eviction?
   Pay any outstanding debts, request letters of reference from other landlords, and demonstrate financial reliability to new landlords.
5. Is an eviction a part of my permanent record?
   No, eviction decisions are not like a criminal record. They may be accessible for a time through tribunal, court, or credit records, but are not permanent government records.

Key Takeaways

• Evictions in New Brunswick do not result in a permanent public record, but can impact your rental history and credit.
• You cannot formally "remove" an eviction, but paying debts and building strong references will help improve your future rental prospects.
• Use the Application for Review (Form 16) if you need to appeal a Tribunal eviction decision.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick): Official provincial board for tenant–landlord matters, including evictions and disputes.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Free legal resources and information for tenants.
• For a summary of tenant rights in your province, read Tenant Rights and Landlord Rights in New Brunswick.
• Learn more about best practices after signing a lease at What Tenants Need to Know After Signing the Rental Agreement.

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1. Residential Tenancies Tribunal, New Brunswick. Official Tribunal Website
2. New Brunswick Residential Tenancies Act. Read the Residential Tenancies Act (full legislation)
3. Credit reporting information: Financial and Consumer Services Commission NB. Consumer Credit Reporting
4. Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Housing Rights and Resources

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