Tenants and renters who face an illegal eviction in New Brunswick need clear, practical steps to protect their rights, safety and possessions. This plain-language guide explains what counts as an illegal eviction, how to document the incident, which provincial office handles tenancy disputes, the official forms you may need, and the usual timelines for filing complaints. It also covers options for getting back into your home, seeking compensation, and when to get legal or community help. Read on for immediate actions, evidence to collect, and simple examples of how to use provincial processes so you can move forward confidently.
What counts as an illegal eviction?
An illegal eviction is any attempt by a landlord or agent to remove a tenant without following the Residential Tenancies Act and tribunal procedures in New Brunswick. Typical examples include changing locks, removing belongings, cutting off utilities, or forcing a tenant to leave without a written termination notice and proper order from the Residential Tenancies Tribunal[1]. Even threats or pressure to vacate can be unlawful.
Immediate steps to protect yourself
- Record the details: write dates, times, names of people present and a short timeline of events.
- Take photos or video of locks, damage, or removed items and keep copies on a phone or cloud backup.
- Call the police if you are locked out, threatened or your safety is at risk; ask for a report.
- Contact the Residential Tenancies Tribunal to ask about emergency remedies and how to file an application[1].
- Keep copies of notices, texts, emails and rent receipts, including photos of returned keys or locks.
Official remedies and the forms you may need
In New Brunswick the main route for disputes about illegal eviction is the provincial body that handles residential tenancy applications and enforcement. Tenants commonly use a Notice to End Tenancy if the landlord has breached the lease and an Application to the Residential Tenancies Tribunal to request an order for reinstatement, compensation, or return of goods. For example, if a landlord changed your locks without an order, you would file an application explaining the event, attach photos and witness statements, and request a hearing. See official guidance and downloadable forms from Service New Brunswick for step-by-step instructions and the exact application form names and filing methods[1].
If your security deposit was withheld after an illegal eviction, review your rights on deposit return and timelines; for general deposit guidance see Understanding Rental Deposits: What Tenants Need to Know.
Timing: how long you have and typical deadlines
Deadlines can be short. If you want the tribunal to consider emergency relief (like returning you to the unit), apply as soon as possible and gather evidence within days. For compensation claims, check the tribunal's application deadline guidance; some claims require filing within weeks of the incident. Always note dates carefully and submit any required forms within the timeframes listed on the official site[1].
FAQ
- Can a landlord change the locks and lock me out without a tribunal order?
- No. Changing locks and preventing access is usually an illegal eviction unless a tribunal order or lawful notice permits it.
- What evidence helps the most in a tribunal application?
- Photos or video, dated messages, witness contact details, police reports, rent receipts and a written timeline are the strongest evidence.
- Will I get my security deposit back if I was illegally evicted?
- Possibly. If the landlord withheld the deposit or used it improperly after an illegal eviction, you can ask the tribunal for return plus interest and any additional damages.
How-To
- Stay safe first: if you face violence or threats, call 911 and find a secure place.
- Document everything: take photos, save messages, write a timeline and collect witness names.
- Contact the Residential Tenancies Tribunal (or Service New Brunswick) to ask about emergency filings and required forms[1].
- File the appropriate application with supporting evidence and state the remedy you want (re-entry, compensation, return of goods).
- Seek legal or community support if needed; legal clinics and tenant groups can help with paperwork and hearings.
Key Takeaways
- Illegal evictions are serious and you have provincial remedies to seek re-entry or compensation.
- Document the eviction immediately with photos, a timeline and witness details.
- Use official tribunal forms and meet filing deadlines to preserve your rights.
Help and Support / Resources
- Residential Tenancies information and forms — Service New Brunswick
- Residential Tenancies Act and legislation — Government of New Brunswick
- Legal Aid New Brunswick — tenant legal help
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