Tenant Rights at Eviction Hearings in New Brunswick

Facing an eviction hearing in New Brunswick can be stressful, but knowing your rights and the correct process helps you make informed decisions. This guide explains how eviction hearings work at the New Brunswick Residential Tenancies Tribunal, what forms are involved, and the steps you can take to protect your home.

Who Oversees Evictions for Tenants in New Brunswick?

Evictions and all disputes between landlords and tenants in New Brunswick are handled by the Residential Tenancies Tribunal. This government body applies the rules set out in the Residential Tenancies Act of New Brunswick¹. Hearings may be conducted in writing, by phone, or in person depending on the case.

Your Rights During an Eviction Hearing

As a tenant, you have clear rights during any eviction process:

• To receive proper written notice before the hearing
• To understand the reason your landlord is seeking to end your tenancy
• To review evidence presented by the landlord, including documents or witness statements
• To present your own evidence and speak on your behalf
• To bring witnesses or someone to support you (like a friend or advocate)
• To receive a written decision from the Tribunal

These rights apply whether you're dealing with an eviction for non-payment, a breach of lease, or a landlord's personal use of the property. For a full overview specific to New Brunswick, visit Tenant Rights and Landlord Rights in New Brunswick.

How Does the Eviction Process Start?

Typically, your landlord must serve you with a proper notice to terminate your tenancy before any hearing can be scheduled. This is called a Notice of Termination. It must include:

• Reason for eviction
• Date you are asked to move out
• Instructions for contesting the notice

If you want to contest the eviction, you must respond before the deadline outlined in the notice.

Official Forms Used in New Brunswick Eviction Hearings

New Brunswick makes use of specific Tribunal forms throughout the eviction process. Here are key forms you may need:

• Notice to Terminate a Tenancy (Form 3): This is served by your landlord if they wish to end your rental agreement. Carefully read the reason and deadline for response.
  Official form: Notice to Terminate a Tenancy (Form 3)
• Tenant Response to Notice of Termination (Form 6): Use this form to object to the eviction and request a hearing. Complete and submit it to the Tribunal before the deadline stated by your landlord.
  Official form: Tenant Response to Notice of Termination (Form 6)
• Request for Dispute Resolution (Form 10): In some cases, this form is used for other tenant-landlord disputes, including maintenance or rent disagreements.
  Official form: Request for Dispute Resolution (Form 10)

Always keep copies of all forms and submissions for your records. You can find all official New Brunswick tenancy forms on the Residential Tenancies Tribunal website.

How to Prepare for Your LTB Eviction Hearing

Preparation can make a difference in the outcome. Here are steps tenants should follow:

• Review the notice and forms from the Tribunal for accuracy and deadlines.
• Gather all documents supporting your case (receipts, emails, letters, photos).
• List any witnesses who can support your version of events.
• Consider contacting a local tenant advocacy group or legal aid for advice.
• Attend your hearing or respond in writing as instructed on Tribunal forms.

Possible Hearing Outcomes

After the eviction hearing, the Tribunal will send you and your landlord a written decision. Outcomes may include:

• Dismissal of the eviction (you can stay in your home)
• Approval of the eviction with a move-out date
• Conditional eviction (e.g., eviction is stopped if you pay owed rent by a deadline)

If you disagree with the outcome, you may be able to request a review or file an appeal. The instructions will be included in the decision letter.

Common Issues Leading to Eviction

Evictions are often the result of unresolved issues such as:

• Non-payment of rent
• Breach of rental agreement (like unauthorized occupants or damage)
• Landlord requires the unit for personal use

For more on duties and typical problems in New Brunswick rentals, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained. Addressing issues early—such as paying outstanding rent or fixing problems—can sometimes avoid the need for a hearing.

If you're searching for a new place after receiving a notice, you can Find rental homes across Canada on Houseme with hundreds of current, verified listings.

FAQ: Tenant Eviction Hearings in New Brunswick

1. How much notice must a landlord give before eviction?
   The amount of notice depends on the reason for eviction. For non-payment of rent, landlords generally must give at least 15 days' notice. For other reasons, longer notice periods may apply. Check your notice and the Residential Tenancies Act for details.
2. Can I stop an eviction if I pay my rent before the hearing?
   Yes, if you pay all unpaid rent (plus any late fees or costs listed in the notice) before the hearing, the eviction process may be stopped. Respond quickly using the proper Tribunal form.
3. Do I need a lawyer to attend my eviction hearing?
   No, you are not required to have a lawyer. However, you have the right to bring one if you wish, or you may bring a friend, family member, or advocate for support.
4. What happens if I miss the Tribunal hearing?
   If you do not attend or submit your written response, the Tribunal may proceed without your input, and you could lose your tenancy by default.
5. Where can I get help with filling out Tribunal forms?
   You can contact the Residential Tenancies Tribunal, tenant advocacy organizations, or legal aid services for help completing your forms correctly.

Key Takeaways for Tenants Facing Eviction

• Always respond to eviction notices quickly and submit the required forms on time
• You have the right to tell your side of the story and present evidence at the hearing
• Help is available—contact support services if you need assistance with forms or understanding your rights

Remember, the eviction process is guided by provincial law and designed to be fair to both tenants and landlords.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – Main Portal (information, forms, contact details)
• Public Legal Education and Information Service of New Brunswick – free tenant information
• Legal Aid New Brunswick: Call 1-888- 942-9063 or visit www.legalaid.nb.ca
• Community legal clinics may also help tenants with documentation and advocacy

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1. New Brunswick: Residential Tenancies Act of New Brunswick

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