Legal Reasons for Eviction in New Brunswick: Tenant Guide

Facing the possibility of eviction in New Brunswick can be stressful and confusing for tenants. Understanding the legal grounds for eviction is essential—so you know your rights, your responsibilities, and possible next steps. This article explains why and when a landlord can legally end a tenancy in New Brunswick, the process they must follow, and what you can do if you receive an eviction notice.

Who Oversees Evictions in New Brunswick?

If you live in rental housing in New Brunswick, your rights and responsibilities are governed by the Residential Tenancies Act¹. The New Brunswick Residential Tenancies Tribunal handles disputes, eviction notices, and landlord-tenant forms.

What Are the Legal Reasons for Eviction?

Landlords in New Brunswick cannot evict a tenant without a valid reason recognized by law. The most common lawful reasons include:

• Rent arrears (not paying rent) – If you are late paying rent or miss a payment.
• Breach of rental agreement – For example, causing excessive damage, disturbing other tenants, or violating pet/noise clauses.
• Owner wants to use the unit – The landlord, an immediate family member, or a purchaser intends to move in.
• Renovation, demolition, or conversion – Major renovations, conversion to another use, or demolition planned by the landlord.
• Illegal acts – Using the rental unit for unlawful activities.

For a detailed explanation of your responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Notice Periods and Forms

Each reason for eviction has specific rules about how much notice a landlord must give. Landlords must use the correct notice forms provided by the Residential Tenancies Tribunal:

• Form 6 – Notice of Termination:
  • Used for: Most eviction reasons (e.g., non-payment, owner occupancy, substantial renovations).
  • How it works: The landlord delivers the completed Form 6 to you, stating the reason and termination date. For unpaid rent, you typically get 7 days' notice; for most other reasons, 3 months' notice is required.
  • View Form 6 (PDF)
• Form 7 – Application for Review of a Notice of Termination:
  • Used for: Tenants who wish to challenge an eviction or termination notice.
  • How it works: File Form 7 with the Tribunal before the notice period expires, explaining why you believe the eviction is not valid (e.g., you disagree with the grounds stated, or believe the landlord made a mistake).
  • View Form 7 (PDF)

Read all forms carefully and keep your own copies. If you respond within the notice period, the Tribunal will review your case and may schedule a hearing.

What If the Landlord Doesn't Have Legal Grounds?

If the landlord gives you a notice that doesn’t fit the legal reasons above, or skips required steps (like proper forms or notice period), the eviction is not valid. You have the right to dispute it by submitting Form 7. For a more detailed look at your rights, visit the Tenant Rights and Landlord Rights in New Brunswick page.

Eviction for Health, Safety, or Maintenance Issues

If you feel an eviction attempt relates to your complaints about repairs or health issues, or you’re facing unsafe living conditions, know your rights. Landlords must keep your home in good repair and comply with health standards. For more information, see Health and Safety Issues Every Tenant Should Know When Renting.

What Happens After an Eviction Notice?

If you do not move out by the date on the valid notice, or you don't file a response, the landlord may apply to the Tribunal for an enforcement order. Do not ignore official notices or Tribunal documents—seek help promptly if you’re unsure.

Where to Search for a New Home If Eviction Proceeds

If you need to find a new home or want to see rental options in New Brunswick and across Canada, you can Find rental homes across Canada on Houseme for a simple, map-based search experience.

FAQ: Legal Evictions in New Brunswick

1. What is the minimum notice for eviction due to unpaid rent?
   The landlord must give at least 7 days' written notice using Form 6 if you have not paid your rent on time.
2. Can I challenge an eviction if I disagree with the reason?
   Yes. File Form 7 – Application for Review of a Notice of Termination with the Tribunal before the notice period expires.
3. Is it legal for a landlord to evict without using the official notice or form?
   No, landlords must use the official forms and provide the notice period required by the Residential Tenancies Act.
4. Can I be evicted if my lease has ended but I haven’t done anything wrong?
   No. In New Brunswick, tenancies automatically continue month-to-month unless terminated for a legal reason and with proper notice.
5. What can I do if I’m afraid my landlord is trying to evict me because I complained about repairs?
   Retaliatory evictions are not allowed. Document your concerns and get advice from tenant resources or the Residential Tenancies Tribunal.

Key Takeaways for Tenants

• Landlords must follow specific legal reasons and notice rules to evict a tenant in New Brunswick.
• Tenants have the right to challenge eviction notices using the proper Tribunal forms and should act quickly.
• Always read notices carefully and seek support if you’re unsure of your options.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Forms, FAQs, and dispute resolution contacts
• New Brunswick Residential Tenancies Act: Full official legal text
• Local tenant advocacy offices and community legal clinics
• For detailed rights information: Tenant Rights and Landlord Rights in New Brunswick

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1. New Brunswick Residential Tenancies Act
2. New Brunswick Residential Tenancies Tribunal

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