Landlord Self-Help Eviction Penalties in New Brunswick

Tenants in New Brunswick have rights when a landlord tries to force them out without a court order. Self-help eviction — such as changing locks, removing belongings, or cutting services — is usually illegal and can expose a landlord to fines, orders to compensate the tenant, and other penalties. This guide explains what self-help eviction looks like in New Brunswick, the penalties landlords may face, the official forms and tribunal process to use, and practical steps tenants can take to protect their home and evidence. If you are facing an unlawful eviction, acting quickly, keeping records, and using the proper complaint forms can improve your chances of a good outcome.

What is landlord self-help eviction?

Self-help eviction is any attempt by a landlord to remove a tenant or the tenant's possessions without going through the formal adjudicative process. Examples include changing locks, shutting off utilities, blocking access, or removing personal items. In most cases in New Brunswick these actions are illegal because they bypass the Residential Tenancies Tribunal and the formal eviction process.

Penalties and legal remedies in New Brunswick

When a landlord uses self-help eviction methods, the tribunal or courts may order remedies that can include monetary compensation, restoration of possession, and administrative fines. Tenants can apply to the Residential Tenancies Tribunal for orders enforcing their rights; the tribunal and the governing legislation explain the scope of remedies and penalties.^[1] The applicable legislation in New Brunswick sets out prohibited practices and the tribunal's powers.^[2]

• Monetary compensation to the tenant for loss of use, moving costs, or property damage.
• Orders restoring the tenant to the unit if locks were changed or access was blocked.
• Administrative directions to the landlord to stop illegal conduct and to document compliance.
• Possible additional penalties for repeated or flagrant violations intended to deter unlawful evictions.

What tenants should do if a landlord uses self-help

If you experience or discover a self-help eviction, take clear steps to protect your rights and evidence. First, ensure your immediate safety; if you are at risk or the landlord is acting violently, call emergency services. Second, document everything: take dated photos, videos, and notes of who did what and when. Third, contact the Residential Tenancies Tribunal and submit the appropriate complaint or application form as soon as possible.^[3]

• Call emergency services if anyone is in danger, and keep a record of any police report number.
• Photograph locks, damage, removed items, or cut utilities and save timestamps and witness contact information.
• File the official tribunal application or complaint form quickly and keep copies of the paperwork and delivery receipts.^[3]
• Seek legal advice early; community legal clinics and tenant advice services can help you prepare evidence and forms.

Understanding your rights and the landlord's obligations can help you respond effectively. For local summaries of tenant and landlord rights, see Tenant Rights and Landlord Rights in New Brunswick. For clear explanations of each party's duties under a lease, consult Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

FAQ

Can a landlord legally change the locks to force me out?

No. In New Brunswick, changing locks to remove a tenant without an order from the tribunal or court is generally unlawful; tenants can seek an order to restore access and compensation.

Should I call the police if my landlord changes my locks?

Yes, if you are locked out and believe a criminal offence or immediate threat has occurred, call emergency services. Also document the incident and file a tribunal complaint for civil remedies.

How long will it take to get a remedy from the tribunal?

Timing varies. The tribunal may offer urgent hearings in cases of serious harm or ongoing unlawful conduct, but preparation, filing, and a hearing can still take days to weeks depending on caseload and complexity.

How-To

1. Gather evidence: collect dated photos, videos, messages, witness names, and any receipts showing loss or damage.
2. Complete and submit the tribunal application or complaint form, attaching copies of your evidence and a clear statement of events.^[3]
3. Respond promptly to tribunal directions and deadlines, and prepare to present your evidence at the hearing.
4. If ordered, follow up to enforce the tribunal order; if the landlord still refuses to comply, ask the tribunal about enforcement options.

Key Takeaways

• Document every interaction: photos, videos, and witness names are essential evidence.
• Use the official tribunal forms and timelines to make your case strong and timely.
• The tribunal can order compensation and restoration of possession for unlawful self-help evictions.

Help and Support / Resources

• [1] Residential Tenancies Tribunal - Service New Brunswick
• [2] Residential Tenancies Act - New Brunswick legislation
• [3] Official tribunal application and complaint forms - Service New Brunswick

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1. [1] Residential Tenancies Tribunal - Service New Brunswick
2. [2] Residential Tenancies Act - New Brunswick legislation
3. [3] Official tribunal application and complaint forms - Service New Brunswick

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