Is Your New Brunswick Eviction Legal? Spotting Landlord Retaliation

Facing an eviction in New Brunswick can be stressful, especially if you suspect your landlord might be acting in retaliation. Tenants have important protections under the province’s rental laws. This article will help you understand when an eviction might be illegal, how to spot landlord retaliation, and what steps you can take if your rights are being threatened.

Understanding Legal Eviction in New Brunswick

In New Brunswick, landlords must follow strict rules set by the Residential Tenancies Tribunal when evicting a tenant. The main law governing tenancies is the Residential Tenancies Act (R.S.N.B. 1973, c. R-10.2)¹.

• Proper Notice: Landlords must serve tenants with formal written notice using the correct form and the right amount of notice time. Eviction cannot be done verbally or immediately (except in very limited circumstances).
• Valid Reasons: Common legal reasons include non-payment of rent, substantial damage to the property, or the landlord needing the unit for personal use.
• Right to Dispute: Tenants can apply to the Tribunal to dispute a notice if they believe it’s unfair or retaliatory.

For more on your obligations and rights after signing your lease, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Is Landlord Retaliation?

Landlord retaliation occurs when a landlord tries to evict or punish a tenant for asserting their legal rights. For example, if you complained about repairs or reported health and safety concerns and then received an eviction notice shortly after, this could be a sign of retaliation.

Common Reasons Landlords Retaliate

• Reporting repairs, pest problems, or unsafe conditions
• Filing complaints with the Residential Tenancies Tribunal
• Joining or organizing a tenants’ association

Recognizing an Illegal or Retaliatory Eviction

Not all evictions are legal. Under New Brunswick law, landlords cannot evict tenants just because those tenants exercised their legal rights. To determine if your eviction might be retaliatory, consider:

• Timing: Did the eviction notice come right after you requested repairs, made a complaint, or asserted a right?
• Lack of Valid Reason: Does the notice clearly say why you’re being evicted, and is it for a legal reason?
• No Proper Notice: Was the required form used, and were notice timelines followed?

To understand more about resolving disputes with your landlord, check out How to Handle Complaints in Your Rental: A Tenant’s Guide.

Official Forms for Eviction and Tenant Action

• Form 1 – Notice to Quit (Landlord to Tenant): This is the official form a landlord must use when ending a tenancy. It specifies the reason and required notice period.
  Tenant Example: If you receive this form, check that the reason for eviction is listed and matches a legal reason under the Residential Tenancies Act.
  Official Form 1 – Notice to Quit.
• Application to the Residential Tenancies Tribunal: Tenants can file this form to dispute an eviction, claim for repairs, or raise an issue about landlord retaliation.
  Tenant Example: If you believe your eviction is retaliatory, use this application form to request a hearing.
  Application Form to the Tribunal.

Always file your application promptly to preserve your rights.

How to Dispute a Suspicious Eviction in New Brunswick

If you think an eviction is being used as punishment for exercising your rights, you can challenge it through the Residential Tenancies Tribunal. Here’s how:

• Check your eviction notice for proper format and reason
• Gather all documentation (letters, emails, photos, receipts of complaints)
• Contact the Residential Tenancies Tribunal to explain the situation
• Submit an Application to the Tribunal, including your evidence

Learn more about your legal protections in Tenant Rights and Landlord Rights in New Brunswick.

Know Your Rights: Protections Against Retaliation

The Residential Tenancies Act protects tenants from being evicted or penalized for exercising their rights. While eviction is allowed for valid reasons, retaliation is never a lawful basis.

• If a Tribunal finds the eviction is retaliatory, your tenancy can be reinstated.
• You may also be able to claim for damages or seek orders to remedy the situation.

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Frequently Asked Questions About Retaliatory Evictions

1. Can my landlord evict me for complaining about repairs?
   No, New Brunswick law prohibits eviction in response to tenants asserting their legal rights, such as asking for repairs.
   
2. What should I do if I receive an eviction notice I think is unfair?
   Gather your evidence and apply to the Residential Tenancies Tribunal to dispute the eviction as soon as possible.
   
3. Is a verbal eviction notice valid?
   No, all evictions in New Brunswick must be served using the official form, in writing, and with the required notice period.
   
4. Where can I get help challenging an eviction in New Brunswick?
   Contact the Residential Tenancies Tribunal, or local tenant support organizations for guidance and representation.
   
5. What forms do I need to dispute an eviction?
   Use "Form 1 – Notice to Quit" for reference and the "Application to the Residential Tenancies Tribunal" to dispute or respond.

Key Takeaways for Tenants

• Evictions for valid reasons and with official notice are legal—but retaliatory or unfair evictions are not.
• Act quickly and gather documentation if you believe your landlord is acting in retaliation.
• You have the right to apply to the Residential Tenancies Tribunal for help and to dispute an illegal eviction.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – Information, forms, and contacts for disputes
• Public Legal Education and Information Service of NB – Tenant support and legal education
• Local community legal clinics (check listings for your area)

1. Residential Tenancies Act (R.S.N.B. 1973, c. R-10.2), Government of New Brunswick
2. Residential Tenancies Tribunal – Province of New Brunswick