Lawful Ways to Delay an Eviction in New Brunswick

If you’re a tenant in New Brunswick who has received an eviction notice, it’s important to understand your legal options before acting. The eviction process in New Brunswick moves quickly, but being informed can help you lawfully delay an eviction and secure more time to find a new home or resolve the situation with your landlord. This guide explains the steps tenants can take, official forms, and essential rights under New Brunswick’s current rental laws.

Understanding the Eviction Process in New Brunswick

The Residential Tenancies Tribunal handles eviction matters in this province. Evictions are managed under the Residential Tenancies Act of New Brunswick^[1].

• Landlords must give written notice to end a tenancy, typically using a specific government form.
• Tenants have the right to respond and may dispute or delay the eviction if proper procedures are not followed.
• The Tribunal oversees disputes and can grant extra time in limited cases.

Understanding why you are being evicted, and whether the landlord followed correct procedures, is the first step to delaying (and potentially preventing) the eviction.

Lawful Methods for Delaying an Eviction

There are several legal strategies for delaying an eviction in New Brunswick:

1. Review the Notice for Validity

Check whether the eviction notice is properly completed and served. If the notice is missing information or the landlord did not follow legal steps, the eviction could be delayed or invalidated.

2. File a Dispute with the Residential Tenancies Tribunal

The main way to delay an eviction is by filing an official dispute if you believe the eviction is not justified or there is an error in process.

• Form to Use: Notice of Application for Dispute (Form 6)
• Find Form 6 on the Tribunal's official forms page.
• When to file: Immediately upon receiving the eviction notice, and within the timeline specified in your notice (usually within 7 days).

Example: If a tenant receives a 15-day notice to vacate for unpaid rent, but payment was made on time, the tenant can file Form 6 to dispute the eviction and delay the process until the Tribunal decides.

3. Negotiate with Your Landlord

In some cases, open communication may result in an agreement to pause or extend your move-out date. Be sure to record agreements in writing and keep copies for your records.

4. Request an Extension of Time

After the Tribunal reaches a decision, tenants experiencing hardship may request more time to relocate. The law allows for modest extensions in certain circumstances (such as serious illness, family emergencies, or the presence of children).

While extensions are not guaranteed, you can include your request as part of your dispute application (on Form 6) or contact the Tribunal directly if circumstances change.

5. Rectify the Situation Promptly

For some eviction reasons (like unpaid rent or minor breaches), fixing the issue right away and providing proof can sometimes stop the eviction or persuade the landlord to withdraw the notice.

Key Documents and Tribunal Forms

To challenge or delay an eviction, tenants must use the right official documentation. The most important include:

• Notice to Terminate (Form 1 or 2): This is what your landlord must serve you. Review these carefully for errors.
• Notice of Application for Dispute (Form 6): Use this to challenge the eviction with the Tribunal. Access Form 6 here.
• Application for Extension of Time (Include on Form 6): There is no separate form, but you can write in your request for extra time directly on the dispute form.

Be sure to submit copies of notices, payment receipts, correspondence, and any documents supporting your case to the Tribunal when filing your dispute.

Your Rights and Obligations During Eviction

Both tenants and landlords have clearly defined rights and responsibilities under New Brunswick law. For a detailed summary, see Tenant Rights and Landlord Rights in New Brunswick.

Tenants are not required to leave until all legal steps have been followed and the Tribunal reaches a decision. If you move out before the process completes, you could lose certain rights, including the right to dispute or ask for more time. For related concerns about ongoing responsibilities, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Other Helpful Strategies and Resources

• Attend any scheduled Tribunal hearings. Participation is essential to explain your situation and request a delay if needed.
• Collect evidence to support your request for more time (letters from employers, medical notes, etc.).
• Get support from local tenant advocacy organizations or legal aid, especially if you face a complex eviction.
• If you need to search for a new place during this time, Explore Houseme for nationwide rental listings.

Acting promptly and knowing your rights is crucial if you hope to delay or dispute an eviction lawfully in New Brunswick.

FAQs: Delaying Eviction in New Brunswick

1. Can I delay eviction just by asking my landlord?
   Not automatically, but you may be able to negotiate a later move-out date. Always get such agreements in writing and keep copies.
2. What happens if I file a dispute with the Tribunal?
   If you file Form 6 in time, eviction is paused until the Tribunal reviews your case and issues a decision, which may delay your required move-out date.
3. Can I get more time to move if I have children or health issues?
   You can request an extension from the Tribunal, especially if moving out immediately would cause undue hardship. Provide documentation to support your request.
4. Will not paying rent help delay eviction?
   No. Withholding rent increases your risk of eviction. If you dispute the eviction, continue fulfilling your rental obligations unless directed otherwise by the Tribunal.

Conclusion: Key Takeaways for New Brunswick Tenants

• Act immediately when you receive an eviction notice — you have the right to dispute and ask for more time with the proper forms.
• File your dispute with the Residential Tenancies Tribunal using official forms like Form 6, and gather all evidence to support your case.
• Know your rights and seek help if you're unsure — missing deadlines could mean losing your chance to delay or challenge the eviction.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal: Tribunal Information and Forms
• New Brunswick Legal Aid: Tenant advice and dispute assistance
• Tenant Rights and Landlord Rights in New Brunswick
• Local tenant organizations or community legal clinics may offer education and advocacy for eviction cases.

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal Overview
3. Official Tenancy Forms – Government of New Brunswick

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