Tenant Rights During Eviction

Evictions New Brunswick 3 min read · published August 12, 2026 Flag of New Brunswick

If you are a renter in New Brunswick facing an eviction notice, this guide explains what the notice means, the timelines you must meet, and the steps to protect your rights. It covers common grounds for eviction, how to gather evidence, when to pay or dispute a notice, and how hearings work before the province's tribunal. You will find clear, practical advice on forms to use, examples of when to respond, and where to get official help or legal assistance. This article is written for tenants and renters who need straightforward, step-by-step information and links to the relevant New Brunswick resources.

What eviction means in New Brunswick

An eviction starts when a landlord serves a written notice for a specific reason under provincial rules and may lead to an order from the tribunal. You are entitled to receive proper written notice and, where applicable, to a hearing before any order can be enforced under the Residential Tenancies Act.[1]

In New Brunswick, tenants have procedural rights before they can be legally evicted.

Grounds and notice requirements

  • Non-payment of rent: the landlord must provide a written notice stating the arrears and giving you time to pay or dispute.
  • Breach of the rental agreement: for repeated or serious breaches, the landlord must serve a written notice describing the breach and required remedy.
  • Illegal activity or serious safety hazards: immediate notices can apply where the safety of others is at risk.
  • Owner occupancy or major renovations: some notices require longer lead times and proof of intent.
Respond to legal notices within deadlines to avoid losing rights.

What to do after you get an eviction notice

  • Read the notice carefully and note the deadline and reason given.
  • Gather evidence: receipts, photos, messages, and any repair requests that relate to the dispute.
  • If the notice is for unpaid rent, consider paying the arrears or arranging a payment plan and get a written receipt.
  • Contact the Residential Tenancies Tribunal to learn how to file a dispute or request a hearing.[2]
  • If a hearing is scheduled, prepare a clear summary of facts, organize documents, and bring witnesses if available.
Detailed documentation increases your chances of success in disputes.

Eviction hearings and orders

If the landlord applies to the tribunal, a hearing may be scheduled where both sides can present evidence. The tribunal issues a written order which may allow time to vacate, set a payment plan, or permit termination. If you disagree with the decision there are limited appeal routes set out by provincial rules.

For localized information about rights and common tenant questions, see Tenant Rights and Landlord Rights in New Brunswick and, for help with ending a tenancy correctly, review How to Properly End Your Rental Agreement as a Tenant.

Ad

Forms tenants may use

  • Notice to the landlord or tenant (termination or dispute forms): used to formally respond or give notice; for example, use the tenant response form when you want the tribunal to schedule a hearing after receiving an eviction notice.[3]
  • Application to the Residential Tenancies Tribunal: used by a tenant to dispute a notice or seek remedies, such as asking the tribunal to dismiss an eviction based on landlord breach.
  • Evidence checklist and attachments: include photos, receipts, repair requests, and a chronology so tribunal members see the sequence of events.
Keep all rent receipts organized and stored safely.

FAQ

Can my landlord evict me without a hearing?
No. Landlords must follow the Residential Tenancies Act process; the tribunal generally reviews applications and may hold a hearing before issuing an enforceable eviction order.
What if I can’t pay rent on time?
Communicate immediately, keep records of payments, and consider proposing a written payment plan; if you receive a notice, you can still apply to the tribunal to dispute or ask for more time.
How long do I have to respond to a notice?
Deadlines vary by the reason for notice; read the notice carefully and act quickly to pay, dispute, or file an application with the tribunal.

How-To

  1. Read the eviction notice and note the stated deadline and reason.
  2. Collect and organize evidence: receipts, photos, messages, and repair records.
  3. Contact the Residential Tenancies Tribunal for filing instructions and deadlines.[2]
  4. File the appropriate tenant response or application form before the deadline and pay any required fees or provide fee-exemption evidence.
  5. Attend the hearing, present your documents clearly, and ask for a written decision.
  6. If ordered to vacate, review the order carefully and seek legal advice if you believe your rights were not respected.

Help and Support / Resources


  1. [1] Residential Tenancies Act (New Brunswick)
  2. [2] Residential Tenancies Tribunal (Service New Brunswick)
  3. [3] Official forms and applications (Service New Brunswick)

Get connected with a tenant rights attorney

Tell us about your situation and a local attorney may reach out. Free, no obligation.

Please enter a valid email address.
Select a valid location from the list.

We are not a law firm and do not provide legal advice. We connect tenants with independent attorneys.

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy

Was this article helpful?

Thank you for your feedback!
Sarah Mitchell
Sarah Mitchell

Senior Housing Rights Researcher, Tenant Rights Canada

Sarah has spent over a decade researching tenant legislation across Western Canada, with a particular focus on British Columbia and Alberta. She holds a certificate in Housing Policy from Simon Fraser University and has contributed to several housing advocacy organizations.