New Brunswick Tenant Eviction Rights: Key Facts & Protections

If you're renting your home in New Brunswick, understanding your rights around evictions is essential. Unplanned moves or eviction notices can be stressful, but knowing the rules and processes can help you protect your housing and act confidently. This guide explains what tenants need to know about eviction laws, notice periods, official forms, and what to do if you receive an eviction notice in New Brunswick.

Eviction Laws and Who Enforces Them in New Brunswick

In New Brunswick, residential tenancies and evictions are regulated by the Residential Tenancies Tribunal. The legal framework comes from the Residential Tenancies Act (RTA)¹. The Tribunal sets out clear rules for when and how a landlord can evict a tenant and how tenants can respond or dispute a notice.

Legal Reasons for Eviction in New Brunswick

Landlords are only allowed to evict a tenant for specific legal reasons. Common grounds for eviction include:

• Unpaid rent (arrears)
• Repeated late rent payments
• Causing significant damage to the unit
• Disturbing other tenants
• The landlord or their family wishes to move in
• Major renovations or demolition of the property

Some reasons (like renovations or the landlord moving in) require longer notice periods and proof that the landlord needs the property for personal use.

Notice Periods: How Much Time Must Landlords Give?

The notice period depends on the reason for eviction and your rental type (yearly, monthly, weekly, or fixed-term).

• For unpaid rent: 7 days' notice.
• Other reasons: Typically 3 months' notice for yearly or month-to-month tenancies.
• Personal use, repairs, renovations: At least 2–3 months' written notice, depending on the situation.

Landlords must use the official Notice of Termination form (Form 10). The form must clearly state the reason and the date your tenancy will end.

Official Eviction Forms in New Brunswick: What Tenants Need

To begin or dispute an eviction, the following forms are commonly used in New Brunswick:

• Form 10 – Notice of Termination: This form is used by landlords to give tenants official advance notice to end the tenancy.
  Example: If your landlord wants to evict you for unpaid rent, you must receive Form 10 with the required notice period.
  Official Form 10 PDF
• Application for Review (Form 17): If you wish to dispute an eviction or termination notice, you must fill out Form 17 and provide reasons why you believe the notice is invalid.
  Practical tip: Tenants should act quickly—this application must be submitted within 7 days of receiving your notice.
  Official Form 17 PDF

These forms and the process are set out and managed by the Residential Tenancies Tribunal. Always keep copies of all documents you exchange with your landlord.

What to Do If You Receive an Eviction Notice

Receiving an eviction notice can be unsettling. However, you have rights and options—eviction is not automatic. Consider the following steps to protect your housing:

• Review the official notice (check the reason, date, and form used).
• Address the reason if possible (e.g. pay outstanding rent immediately).
• Respond to the Residential Tenancies Tribunal. If you disagree, submit Form 17 to dispute the eviction.
• Attend the Tribunal hearing if one is scheduled—you will be notified in writing.

For additional information about rights and responsibilities, see Tenant Rights and Landlord Rights in New Brunswick.

Paying Rent and Common Eviction Triggers

One of the most common causes of eviction is falling behind on rent. Always ensure rent is paid according to your agreement to avoid conflict. For practical tips and your legal obligations, consult Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

After an Eviction or Ending Your Tenancy

If your tenancy ends, either by eviction or voluntarily, there are important steps to secure your rights. This includes moving out on time, documenting the condition of the property, and understanding your rights regarding rental deposits and final inspections. Learn more under How to Properly End Your Rental Agreement as a Tenant.

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FAQ: Your Eviction Questions Answered

1. How much notice is my landlord required to give for eviction in New Brunswick? – For unpaid rent, your landlord must provide 7 days' notice. For most other reasons, such as the owner moving in or major renovations, the law generally requires 2 to 3 months' notice.
2. Can I dispute an eviction notice? – Yes, tenants can challenge an eviction by completing Form 17 (Application for Review) within 7 days of receiving the notice and submitting it to the Residential Tenancies Tribunal.
3. What happens if I ignore an eviction notice? – If you do not respond or move out by the date on the notice, your landlord can apply to the Tribunal for an Order of Possession, which may allow them to remove you from the unit legally.
4. Are verbal eviction notices valid? – No. Landlords must use the official written Form 10 to serve a valid eviction notice in New Brunswick.
5. Will an eviction affect my ability to rent elsewhere? – It can. Some landlords do background or credit checks, which may reveal previous evictions. Always communicate openly and try to resolve disputes early.

How To: Responding to an Eviction Notice in New Brunswick

1. How do I properly dispute an eviction? – Fill out Form 17 (Application for Review) with your reasons, attach supporting evidence, and submit it to the Residential Tenancies Tribunal within 7 days of receiving the notice.
2. How can I check if my eviction is legal? – Review the reason on the Form 10 notice, ensure your landlord has provided the correct notice period, and check if the reason matches those recognized in the Residential Tenancies Act.
3. What steps should I take if served with a short-notice eviction? – Double-check the form and allowable notice period, communicate immediately with your landlord, and reach out to the Residential Tenancies Tribunal for support or to request a review.

Key Takeaways for New Brunswick Tenants

• Evictions must follow the law and use official Tribunal forms.
• Short deadlines mean you must act quickly to protect your rights.
• Knowing your rights and obligations can help you avoid or resolve eviction disputes.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal: General inquiries, forms, hearings, tenant support.
• Full text of the Residential Tenancies Act
• Public Legal Education and Information Service of New Brunswick: Tenant information and advocacy

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1. Residential Tenancies Act (New Brunswick)

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