What is wrongful eviction?
Wrongful eviction happens when a tenant is forced to leave, locked out, or served with an invalid termination without following New Brunswick tenancy rules. Tenants have rights to notice, due process, and safe housing; if a landlord acts outside the law you may be entitled to remedies such as being allowed back into the unit, compensation for costs, or orders to fix breaches. For a quick overview of provincial rights and how they apply to your situation, see Tenant Rights and Landlord Rights in New Brunswick and consider basic steps below to protect evidence and legal options.
What to do immediately
- Document the eviction: note dates, times, names of people involved, and what happened.
- Take photos or video of changed locks, damaged property, notices, or signs of forced entry.
- Save receipts for emergency accommodation, moving costs, or replacement locks.
- Keep copies of any written notices or messages and a log of calls with the landlord or support agencies.
Filing a claim and key forms
If you believe you were wrongfully evicted, you can apply to the Residential Tenancies Tribunal[1] for orders such as reinstatement, compensation, or a declaration that the eviction was unlawful. The relevant legislation is the Residential Tenancies Act for New Brunswick[2], which sets limits and timelines. Common forms include an "Application to the Residential Tenancies Tribunal" and related filing sheets; use the application when you want the tribunal to review the eviction and award remedies, and use a "Notice to Vacate" only to confirm what the landlord served (as supporting evidence) rather than as a substitute for filing a claim[3]. For guidance on common tenancy issues that often appear in wrongful-eviction cases, see Common Issues Tenants Face and How to Resolve Them.
FAQ
- Can I go back to my unit if I was wrongfully evicted?
- Yes, the tribunal can order reinstatement in some cases; if reinstatement is unsafe or impractical the tribunal may award compensation instead. You should file an application quickly and bring evidence showing the eviction was improper.
- How long do I have to file with the tribunal?
- Deadlines depend on the circumstances and the Act; file as soon as possible after the eviction, because delays can limit remedies. If you are unsure about timing, contact the tribunal or a tenant advice service immediately and keep records of when you first learned of the eviction.
- What types of damages can I claim?
- You can seek out-of-pocket costs (moving, temporary housing), lost personal property value, and sometimes additional damages for distress. The tribunal reviews evidence and may award amounts tied to your documented losses.
How-To
- Gather evidence: collect photos, messages, written notices, receipts, witness names, and a detailed timeline of events.
- File an application: complete the Tribunal application form, state the remedies you want, and attach your evidence; include specific examples like dates you were locked out.
- Serve the landlord: follow tribunal rules for serving documents so the landlord receives notice of your application in time.
- Attend the hearing: present your evidence calmly, bring witnesses if available, and be ready to explain costs and impacts.
- Enforce the order if needed: if the tribunal grants an order and the landlord does not comply, follow enforcement steps the tribunal or court provides.
Key Takeaways
- Document everything immediately after an eviction to strengthen your case.
- File with the Residential Tenancies Tribunal promptly to preserve remedies under the Act.
- Use official help lines and tenant resources for free guidance and referrals.
Help and Support / Resources
- Residential Tenancies Tribunal (Government of New Brunswick)
- Residential Tenancies Act (New Brunswick government)
- Official tribunal forms and filing instructions
If you are also searching for a new place or need housing options while you resolve a dispute, Find rental homes across Canada on Houseme to compare listings and temporary options.
