Tenant Mistakes to Avoid During Evictions in New Brunswick

If you're renting in New Brunswick and facing eviction—whether due to a notice from your landlord, late rent, or another issue—it is crucial to know the right steps to protect your rights and avoid common errors. Understanding the provincial eviction process can help you stay housed longer, preserve your rental record, and make things smoother for both you and your landlord.

Understanding the Eviction Process in New Brunswick

Evictions in New Brunswick are handled through an official process outlined in the Residential Tenancies Act^[1]. The Residential Tenancies Tribunal of New Brunswick oversees tenancy disputes, including eviction applications. Landlords cannot simply force you out—formal notice and procedures must be followed.

Common Mistakes Tenants Make During an Eviction

Here are some pitfalls New Brunswick tenants accidentally fall into when threatened with eviction:

• Ignoring Notices: Not responding to eviction or warning notices on time.
• Missing Deadlines to Dispute: Forgetting to file a response or apply for review (like requesting a Tribunal hearing) within required timelines.
• Not Keeping Written Records: Failing to keep copies of all communication, notices, or receipts related to your tenancy.
• Leaving Without Agreement: Moving out hastily without a proper end-of-tenancy agreement, which can impact your ability to get your security deposit back.
• Damaging the Property: Leaving the unit in poor condition, potentially reducing or preventing return of your deposit.

Being proactive and informed helps protect your rights and future rental profile.

Your Rights and Responsibilities During Eviction

Both landlords and tenants in New Brunswick have legal duties. Review your lease and know your obligations. For a detailed overview, see Tenant Rights and Landlord Rights in New Brunswick.

If you're behind on rent or facing eviction, remember that you have the right to:

• Receive written notice using the proper provincial form
• Respond to the notice and, if applicable, request a hearing or review
• Attend any scheduled Tribunal hearings to present your side

Provincial Forms Used in New Brunswick Evictions

The Residential Tenancies Tribunal provides official eviction forms. Below are the most common tenants encounter:

• Notice to Vacate (Form 5): Used by landlords to formally ask you to leave a rental unit. For example, if your landlord alleges rent arrears, they must provide this form. Download the Notice to Vacate (Form 5). Respond promptly—delaying may result in automatic eviction.
• Application for Determination by the Tribunal (Form 6): If you disagree with the eviction or wish to contest the landlord's claims, use this form to request a Tribunal hearing. Submission instructions are included on the form. Get the Application Form 6.
• Notice of Termination by Tenant (Form 3): If you decide to end your lease to avoid disputes, you must give written notice using this form. Example: If you want to move out after getting an eviction notice but need to formalize your exit. Access Form 3 here.

Whenever you receive or send any notice, keep copies and follow all deadlines indicated.

Action Steps: Protecting Yourself During Eviction

• Read every notice carefully. Check forms for accuracy (reason for eviction, rent amounts, deadlines).
• Respond in writing. Submit any required forms (like Form 6) on time. Keep proof of delivery (email, registered mail).
• Attend your hearing if you contest the eviction. The Tribunal offers a remote process—be prepared and bring all evidence.
• Inspect your apartment before moving out and consider reviewing the The Final Inspection: What Tenants Need to Know Before Moving Out guide, so you understand your responsibilities for cleaning and repairs.
• Request your deposit return. Learn about your rights by reading How to Get Your Security Deposit Back with Interest When Moving Out.

Tip: Document everything. Save emails, photos, and notes about each step of your move-out and eviction. This protects you in Tribunal or if the landlord claims damage or arrears.

Provincial Tribunal and Useful Links

• Residential Tenancies Tribunal of New Brunswick – main provincial body for rental disputes
• Forms and Information for Tenants – official government page
• Residential Tenancies Act – full legislation text^[1]

Finding a New Rental After Eviction

If you must move out, start your search early. Explore Houseme for nationwide rental listings and access a variety of options in New Brunswick and beyond.

FAQ: Eviction Concerns in New Brunswick

1. What is the minimum notice period for eviction in New Brunswick?
   The notice period varies depending on the reason. For non-payment of rent, landlords must generally provide at least 7 days' notice. Other reasons (like renovations or owner use) usually require longer—check your eviction notice for details.
2. Can a landlord evict me without a written notice?
   No. All evictions must start with an official written notice using approved forms, such as the Notice to Vacate (Form 5).
3. How do I dispute an eviction?
   You must submit an Application for Determination by the Tribunal (Form 6) before the deadline listed in your eviction notice.
4. What happens if I ignore an eviction notice?
   If you do not respond or attend a hearing, the eviction may proceed automatically, and you could face removal by the Tribunal.
5. Do I lose my security deposit if evicted?
   Your landlord can make deductions for unpaid rent or damages, but you are entitled to any remaining deposit. Document the unit’s condition at move-out to protect yourself.

How To: Handle an Eviction Notice in New Brunswick

1. How do I respond to an eviction notice?
   Review the notice for the reason and deadline. If you disagree, fill out and submit Form 6 to the Residential Tenancies Tribunal before the deadline.
2. How do I prepare for a Tribunal hearing?
   Gather all relevant documents: rental agreement, notices received, rent receipts, and any communication with your landlord. Attend by phone or online as directed by the Tribunal.
3. How do I request my security deposit back?
   After moving out, request your deposit in writing from your landlord. Keep records of the apartment’s condition. If there is a dispute, you can file a complaint with the Tribunal.

Key Takeaways

• Always respond promptly to eviction notices in New Brunswick.
• Use official forms and keep careful records.
• Don’t move out without proper notice and documentation to avoid losing your deposit or future renting issues.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick) – official info and support line: 1-888-762-8600
• Rental Forms and Applications
• Legal Info NB – Tenants’ Rights
• For more guidance, visit Tenant Rights and Landlord Rights in New Brunswick.

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1. New Brunswick Residential Tenancies Act

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