Bad-faith evictions happen when a landlord uses eviction notices or legal procedures for reasons other than allowed grounds, like trying to force a tenant out without cause or to avoid repairs. If you rent in New Brunswick, knowing your rights and the official steps to respond can protect your home and finances. This guide explains how to recognize common signs of bad-faith eviction, what documents to collect, how to use provincial forms and the Residential Tenancies Tribunal, and practical actions you can take while keeping deadlines in mind. It is written for tenants and renters who need clear, plain-language steps to address eviction attempts and to preserve their rights under New Brunswick law.
What is a bad-faith eviction?
A bad-faith eviction is any attempt to remove a tenant for reasons that are dishonest, not permitted by law, or used to pressure a tenant to leave (for example, to re-rent at a higher price or to avoid repairs). The Residential Tenancies Act sets what counts as lawful termination and the Residential Tenancies Tribunal hears disputes about evictions and orders.[1][2]
Recognize common signs
- Notice gives vague, changing, or inconsistent reasons for eviction.
- Landlord quickly markets the unit for re-rent or shows it for sale soon after issuing a notice.
- Landlord threatens eviction after you request repairs or complain about health and safety issues.
- Eviction that appears tied to avoiding repairs or maintenance responsibilities.
What to do right away
- Keep paying rent on time and save receipts or bank records that show payment.
- Carefully read any notice and note exact deadlines and dates stated on the document.
- Collect evidence: photos, dated messages, emails, text threads, and witness names.
- Contact the Residential Tenancies Tribunal or tenant advice services to confirm your rights and next steps.[2]
- Do not move out voluntarily if you believe the eviction is in bad faith; leaving can affect your remedies.
Official forms and filing
New Brunswick provides official forms to start a dispute or respond to a notice. Commonly used documents include a Tenants written response or a formal application to the Residential Tenancies Tribunal to challenge a termination. For example, use the Tribunals application form when you want the tribunal to decide if a notice was issued in bad faith and to request an order allowing you to remain or compensation. See the official forms and instructions for exact form names and filing steps.[3]
Moving or interim options
If you decide you must move, document any agreement and get it in writing. If you need to find alternate housing quickly, Find rental homes across Canada on Houseme to compare listings and search neighborhoods. Before giving up your tenancy, consider negotiating a written settlement that preserves a reference and agreement on deposits.
FAQ
- What counts as bad-faith eviction?
- Any eviction attempt that uses dishonest reasons, fabricated breaches, threats, or a motive that is not allowed under the Residential Tenancies Act may be bad faith.
- Can a landlord evict without a reason?
- No. Landlords must follow the grounds and procedures in the Residential Tenancies Act and use the correct notice forms; otherwise a tribunal can refuse an eviction.
- How quickly must I respond to an eviction notice?
- Deadlines are printed on the notice; you should act immediately and seek tribunal guidance because missing a response deadline can limit options.
- Where do I file a complaint about a bad-faith eviction?
- File an application with the Residential Tenancies Tribunal and attach your evidence and a clear timeline of events.[2]
How-To
- Read the eviction notice carefully and note the exact dates and deadlines.
- Gather evidence: photos, texts, emails, rent receipts, and witness names and statements.
- Complete the Tribunal application or response form and attach copies of your evidence.[3]
- Contact tenant advice clinics, legal aid, or the Tribunal to check filing steps and possible interim orders.
- Attend the hearing prepared, present your timeline and evidence, and request remedies like an order to stop eviction or compensation.
- Continue to pay rent unless a tribunal or official advice tells you otherwise to avoid further enforcement actions.
Key Takeaways
- Document everything related to the notice and interactions with your landlord.
- Respond quickly and file with the Tribunal before deadlines expire.
- Seek help from tenant services or legal clinics to improve your outcome.
Help and Support / Resources
- Residential Tenancies Tribunal - filing and hearings
- Residential Tenancies Act - full text
- Official forms and how to file
