New Brunswick Eviction FAQs: Tenant Rights & Next Steps

Worried about eviction in New Brunswick? Whether you're facing a notice to vacate or just want to understand your rights, it's important to know how evictions work under New Brunswick law. This guide answers common tenant questions, outlines the official eviction process, and explains the steps you can take to protect your home.

Who Handles Evictions in New Brunswick?

Residential tenancy matters in New Brunswick—such as eviction notices, hearings, and disputes—are handled by the Residential Tenancies Tribunal (RTT). The Tribunal applies the rules laid out in the Residential Tenancies Act of New Brunswick^[1].

What Are Legal Reasons for Eviction?

Your landlord must have a legal reason to evict you under the Act. The most common grounds include:

• Not paying rent in full or on time
• Causing significant damage to the rental unit
• Disturbing other tenants or neighbours
• The landlord requires the unit for personal use or major repairs

Landlords must follow specific notice periods and procedures, depending on the reason for eviction.

What Notice Will I Receive If I'm Being Evicted?

Landlords must give written notice using the official form:

• Notice of Termination Form 6A: Used by landlords to notify a tenant of termination for non-payment of rent or other valid reasons.
  For example, if you're late with rent, you may receive a Form 6A stating the amount owed and the timeline to correct it.
  Download Form 6A (Notice of Termination)

If the notice is for unpaid rent, you usually have 7 days to pay the full amount and cancel the eviction. For other reasons, the notice period may vary.

What if I Disagree With the Eviction?

If you believe your eviction is unfair or incorrect, you can apply to the Residential Tenancies Tribunal for a review. You must act quickly—as outlined in your notice—by submitting:

• Application for Review Form 7: Complete this to dispute an eviction notice.
  For example, if you resolve an issue after getting a notice or believe the landlord's claim is inaccurate, submit Form 7 within the required time.
  Download Form 7 (Application for Review)

Do I Have to Move Out Right Away?

Not usually. In New Brunswick, you have the right to stay in your home until your case is decided—unless ordered otherwise by the Tribunal. If you challenge the notice within the deadline, the Tribunal will review the facts before requiring you to leave.

What If I Can't Move Out On Time?

If you haven't left by the eviction date and the Tribunal has issued an order, the sheriff (not the landlord) may be called to enforce the decision. You can avoid this by communicating with your landlord and the Tribunal promptly.

Key Tenant Protections and Steps

• You are entitled to written notice and the correct forms
• Tenants can challenge most eviction notices within a set time
• The Tribunal will review cases fairly and issue enforceable decisions

Your Rights and Responsibilities

New Brunswick law sets out Tenant Rights and Landlord Rights in New Brunswick—including what to do during an eviction and your continuing responsibilities for rent and care of your rental. For more information on day-to-day tenant duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Moving Out After Eviction

If you lose your challenge or choose not to contest the eviction, plan your move-out promptly. For advice on leaving in good standing and getting your deposit back, read Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Looking for a new place? Browse apartments for rent in Canada and find the right home for you.

Frequently Asked Questions About Evictions in New Brunswick

1. Can my landlord evict me without a written notice?
   No. All evictions must begin with a written notice using the correct form and period under the law.
2. Do I need to move out immediately after getting an eviction notice?
   Usually not. If you pay owed rent or challenge the notice within the deadline, you may stay until the Tribunal makes its decision.
3. How quickly do I have to respond to an eviction notice?
   If the notice is for unpaid rent, respond (by paying or disputing) within 7 days. Other reasons may allow longer; check the notice carefully.
4. Can a landlord lock me out of my home?
   No. Only the sheriff can enforce an order to vacate. Landlords cannot change locks or remove possessions without a Tribunal order.
5. How do I get help if I can't afford legal advice?
   Contact local tenant advocacy services or the Residential Tenancies Tribunal for information and assistance.

How To: Challenge an Eviction Notice in New Brunswick

1. How do I dispute an eviction notice?
   
   • Read the notice and note the deadline to apply for a review.
   • Fill out Form 7 (Application for Review).
   • Submit the form to the Residential Tenancies Tribunal as soon as possible.
   • Gather evidence and be ready to explain your situation during the Tribunal's review.
2. How do I pay rent if facing eviction for non-payment?
   
   • Pay all overdue rent directly to your landlord within the notice period or as outlined in the Form 6A notice.
   • Keep receipts and ask the landlord to confirm the payment in writing.
3. How do I avoid eviction if my landlord wants to renovate or move in?
   
   • You can ask the Tribunal for a review if you believe the reason is not legitimate or the notice is improper.
   • Always respond within the time given on your notice.

• Evictions in New Brunswick must follow the law: written notice, proper forms, and fair process.
• Tenants can dispute most eviction notices and may stay in their home until the Tribunal decides.
• Know your rights and act quickly if you receive an eviction notice.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – New Brunswick
• Residential Tenancies Act of New Brunswick
• Local tenants' rights organization or legal aid services in your area

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1. Residential Tenancies Act of New Brunswick

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