Legal Support for Eviction Disputes in New Brunswick

If you're a tenant in New Brunswick facing eviction or in dispute with your landlord, it can feel overwhelming. Understanding your rights, the eviction process, and where to get legal help is crucial for making informed decisions and protecting your home. This guide explains how to get legal support for eviction disputes in New Brunswick, steps you can take, and where to find official government resources, forms, and advocacy help.

Understanding Eviction in New Brunswick

Eviction means your landlord is ending your tenancy and asking you to move out, often through a formal notice. In New Brunswick, eviction rules are governed by the Residential Tenancies Act (New Brunswick)^[1]. The Office of Rentalsman is the official residential tenancy authority that oversees rental disputes, including evictions in the province.

Common Reasons for Eviction

• Non-payment of rent
• Violation of lease terms (e.g., causing damage or disturbances)
• Landlord's personal use or substantial renovations

Landlords must follow proper legal procedures and provide written notice, except in exceptional situations like emergencies.

Your Rights as a Tenant During an Eviction

If you receive a Notice of Termination or Eviction, you have the right to:

• Receive correct written notice with valid reasons
• Dispute the eviction through the Office of Rentalsman
• Attend a hearing to present your side
• Stay in your home until a formal decision is made (unless ordered otherwise)

Familiarize yourself with your Common Issues Tenants Face and How to Resolve Them to better prepare for potential challenges during your tenancy.

Key Forms for Tenants Facing Eviction

Several official forms may apply when dealing with evictions in New Brunswick. Using the correct form is vital for protecting your rights:

• Application for Assistance – Residential Tenant (Form 6.3): Use this if you want to dispute an eviction or seek help from the Rentalsman. Download Form 6.3. For example, if you receive an eviction notice you believe is unfair, submit this form to request a hearing.
• Notice of Termination (Form 6.2): Landlords use this to end a tenancy. Tenants should review it carefully. If you disagree, respond promptly using Form 6.3 above. View Form 6.2.

All forms and instructions are available from the Office of Rentalsman Tenancy Forms Page^[2].

How to Get Legal Support and Advice

If you're unsure about your eviction notice or the process, get legal advice as soon as possible. Legal support services can help you understand your rights, prepare for hearings, or represent you if needed.

Where to Get Help

• Office of Rentalsman – The provincial authority for tenancy disputes, including evictions. Contact the Rentalsman here.
• New Brunswick Legal Aid Services Commission – Offers legal advice and sometimes representation for low-income tenants. See Legal Aid NB.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – Provides user-friendly guides and information for tenants. Check PLEIS-NB for free resources.

Steps If You Disagree with an Eviction

If you do not agree with an eviction notice, follow these key steps:

• Review the eviction notice and confirm all information
• File an Application for Assistance (Form 6.3) with the Rentalsman promptly
• Prepare supporting documents (lease, receipts, communications)
• Attend your scheduled hearing and present your case
• Await the Rentalsman's written decision

After a Rental Agreement Ends

Leaving your rental after an eviction or at the end of your lease can come with challenges. For more guidance on your rights and what to expect, consult What Tenants Need to Know After Signing the Rental Agreement.

Finding a New Place to Live

If you need to move after an eviction, reliably Find rental homes across Canada on Houseme for a smooth, supported search.

FAQ: Eviction Support and Tenant Rights in New Brunswick

1. Can my landlord evict me without a written reason?
   No. Your landlord must provide a written notice stating the reason for eviction. Oral notices or threats are not valid.
2. How quickly must I respond to an eviction notice?
   Usually within 7 days if you wish to dispute. Respond by filing the Application for Assistance (Form 6.3) with the Office of Rentalsman.
3. Will I have to move out immediately after eviction is ordered?
   Not always. If the Rentalsman approves the eviction, they will set a date. You can appeal if you have grounds, but act quickly.
4. Can I get help with legal fees for fighting an eviction?
   If you qualify, Legal Aid NB may assist you with advice or representation. Contact them early.
5. What if my landlord tries to change the locks?
   This is not permitted without official authorization. If this happens, contact the Office of Rentalsman immediately.

How To: Challenge an Eviction Notice in New Brunswick

1. How do I dispute an eviction notice?
   Submit the Application for Assistance (Form 6.3) to the Office of Rentalsman within the deadline stated on your notice.
2. How do I prepare for my Rentalsman hearing?
   Gather evidence such as your lease, rent payment records, written communications, and be ready to explain your situation clearly.
3. What should I do after my hearing?
   Wait for the Rentalsman's written decision. If unsatisfied, ask about the right to appeal or further actions.

Key Takeaways

• Respond promptly to any eviction notice in New Brunswick by contacting the Office of Rentalsman.
• Use official forms and get help from legal support organizations if needed.
• Protect your rights by understanding your obligations and resources as a tenant.

Need Help? Resources for Tenants

• Office of Rentalsman: Province of New Brunswick Rental and Tenant Information
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Plain-language tenant guides
• Legal Aid: New Brunswick Legal Aid Services Commission
• Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act (New Brunswick)
2. Office of Rentalsman – Government of New Brunswick

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