New Brunswick Tenant Eviction Guide: Know Your Rights

Eviction can be one of the most stressful experiences for renters, but knowing your rights and the proper process can help protect your home and peace of mind. If you're a tenant in New Brunswick, understanding the rules around eviction and what you can do to respond is crucial. This guide simplifies the legal process and provides clear, actionable steps for tenants navigating eviction issues.

Understanding Eviction in New Brunswick

Eviction is when a landlord lawfully ends your right to live in a rental unit. In New Brunswick, evictions are regulated under the Residential Tenancies Act (New Brunswick)^[1]. Before you can be evicted, specific procedures and timelines must be followed by your landlord, and you have rights throughout the process.

Common Reasons for Eviction

• Non-payment of rent
• Serious breach of the lease (e.g., causing significant damage, illegal activities)
• Landlord or their family needs to move in
• Major renovations or demolition

If you're dealing with rent issues, check out the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for helpful information.

Eviction Notice Requirements

Landlords in New Brunswick must give you written notice if they want to end your tenancy. The notice period depends on the reason for eviction and the type of lease (fixed-term or month-to-month).

• Non-payment of rent: 15 days’ notice
• Other breaches: 15 days’ notice for serious issues (like major damage or illegal acts)
• No cause (e.g., owner move-in): Usually 3 months’ notice for a month-to-month lease; different rules may apply for fixed-term leases

The notice must include the reason for eviction and the date you are being asked to leave. If you receive a notice, don't panic—you often have options to correct the issue or challenge the notice.

Key Tip for Tenants

How the Eviction Process Works in New Brunswick

The Residential Tenancies Tribunal is the official body handling eviction disputes in New Brunswick. Both landlords and tenants can file applications if there's a disagreement or if the process isn't followed correctly.

• If you believe a notice is invalid or unfair, you can dispute it with the Tribunal.
• Landlords must apply to the Tribunal for an eviction order if a tenant does not leave by the termination date in the notice.
• Tenants have the right to a fair hearing and to present their side.

Learn more about province-specific rights at Tenant Rights and Landlord Rights in New Brunswick.

Official Forms and How to Use Them

• Notice of Termination Form (Form 6): Used by landlords to formally notify tenants of lease termination.
  Tenant Example: If you receive this form for non-payment, check the dates and reason carefully. You can find the official form and instructions at the Service New Brunswick website.^[2]
• Application for Review (Form 4): Tenants use this to dispute a notice of termination or other issues.
  Tenant Example: Submit this form to the Tribunal if you believe the notice is unfair or wasn't served properly. Get the form at the official Tribunal page.^[3]

It's important to submit these forms within the specified time—usually before the termination date on your notice.

What to Do if You’re Facing Eviction

• Review your notice and lease
• Document all communication with your landlord
• Consider correcting the issue (such as paying rent or fixing a breach) if possible
• Contact the Residential Tenancies Tribunal for advice or to dispute the notice
• Seek community legal help if needed

For common rental issues and solutions, see Common Issues Tenants Face and How to Resolve Them.

Protecting Your Rights and Responsibilities

Tenants have both rights and obligations under New Brunswick law. Keeping up with rent, respecting the property, and honest communication with your landlord are key to avoiding problems. If you’re unsure about your responsibilities, learn more in the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Remember: eviction is a process with clear steps and timelines. Don't leave your unit unless you choose to or until an official eviction order is in place from the Tribunal.

If You Need a New Place

If relocation becomes necessary, you can Browse apartments for rent in Canada with helpful filters and an interactive map to find your next home with ease.

FAQ: Eviction Questions for New Brunswick Tenants

1. Can a landlord evict me for no reason in New Brunswick?
   No, a landlord must have specific reasons and provide proper written notice in accordance with the law.
2. What should I do if I receive an eviction notice I believe is unfair?
   You can dispute the notice by submitting an Application for Review (Form 4) to the Residential Tenancies Tribunal before your notice period expires.
3. How much notice does my landlord need to give me?
   This depends on the reason for eviction—usually 15 days for non-payment or breach, and 3 months for "no fault" (like owner move-in).
4. Where can I get help if I can’t afford a lawyer?
   Contact the Tribunal for advice, or reach out to legal aid and tenant advocacy organizations in New Brunswick.
5. What happens if I stay after the termination date?
   Your landlord can apply for an eviction order from the Tribunal. You cannot be physically removed without this legal process.

How To: Steps for Tenants Facing Eviction

1. How do I dispute an eviction notice in New Brunswick?
   
   • Read your notice carefully and check if it follows legal requirements.
   • Download and complete the Application for Review (Form 4) from the Service New Brunswick website.
   • Submit the form to the Residential Tenancies Tribunal before the notice period ends.
   • Prepare supporting documents (emails, photos, receipts etc.).
   • Attend your Tribunal hearing and explain your side.
2. How do I pay overdue rent to stop an eviction?
   
   • Pay the full amount (including any late fees or charges) directly to your landlord before the termination date on the notice.
   • Keep a receipt or proof of payment.
   • Inform your landlord in writing that payment has been made, and request written confirmation that eviction is cancelled.
3. How can I prepare for a Tribunal hearing?
   
   • Gather evidence such as your lease, payment history, communications, and relevant documents.
   • Organize your statements and questions in advance.
   • Attend the hearing—either in person or virtually as instructed.

Key Takeaways for Tenants

• Eviction requires proper written notice and valid reasons under New Brunswick law.
• You have the right to dispute an eviction notice with the Residential Tenancies Tribunal.
• Act quickly—respond to notices and seek advice if you’re unsure about your options.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (Service New Brunswick) - Official information, forms, contact details, and tenant support.
• Public Legal Education and Information Service of New Brunswick - Free legal information and guidance.
• Tenant Rights and Landlord Rights in New Brunswick - Your essential guide to NB tenancy laws.

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1. Residential Tenancies Act (New Brunswick)
2. Notice of Termination Form (Service New Brunswick)
3. Application for Review Form (Service New Brunswick)

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