Tenant Rights When Rental Property is Seized in New Brunswick

If you rent in New Brunswick and learn that your rental property has been seized, it’s natural to feel uncertain about your rights and what will happen next. In New Brunswick, specific laws and processes are in place to help protect tenants when a landlord’s property is seized due to foreclosure, unpaid debts, or other legal proceedings. Understanding these rights can help you respond calmly and make informed decisions during a stressful situation.

What Does It Mean if a Rental Property Is Seized?

Seizure (often called repossession or foreclosure) means the property owner has lost control of the building to a financial institution, government body, or the courts. This usually happens because of unpaid debts like mortgages or property taxes. The new owner may be a bank, the province, or another creditor.

Immediate Tenant Rights and Protections

If you’re living in a seized rental property, the Residential Tenancies Act of New Brunswick sets out key protections:

• Your tenancy does not automatically end because the property is seized. The new owner/authority takes on the role of landlord.
• You must still follow the terms of your current lease, including paying rent on time.
• The new owner or authority is responsible for necessary repairs and maintenance according to provincial law.

For more context about your landlord's and your own responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Can the New Owner Evict the Tenants?

A new owner (whether it’s a bank or another party) must follow all regular legal steps if they wish to terminate your tenancy. They cannot remove you simply because they have seized or bought the property. Generally, you can only be asked to move out if:

• You receive proper written notice (with the correct notice period) under the Residential Tenancies Act
• Your lease is up and not being renewed, or there is a legal ground for eviction

If you’re worried about being asked to move, you can find more details on common tenant problems and how to resolve them by visiting Common Issues Tenants Face and How to Resolve Them.

What Should You Do If Your Rental Is Seized?

Stay calm, do not stop paying rent, and keep records of all communication. Here are steps to protect yourself:

• Ask to see the documentation confirming the seizure, especially if someone new claims to be the landlord.
• Continue paying rent but confirm who to pay—ask for official written instructions from the new owner or through the provincial tribunal (Residential Tenancies Tribunal of New Brunswick).
• Keep receipts of all payments.
• If you receive a notice to vacate, do not move out immediately. Check if the notice meets provincial requirements.

Relevant Official Forms in New Brunswick

• Application by Tenant for Assistance (Form 3): Use this form if you need help from the Residential Tenancies Tribunal regarding your rights, unpaid deposit, or illegal eviction.
  Example: If you are being pressured to move out without proper notice after a seizure, you can complete Form 3 and file it online or in person.
  Access Form 3 at Official Government of New Brunswick.
• Notice of Termination (Form 6/7/8 as applicable): If the new landlord serves you notice, it must be on the official form. Review the notice carefully and contact the Tribunal if you have concerns.
  All forms and explanations are available on the Residential Tenancies Tribunal website.

Who Handles Tenancy Disputes in New Brunswick?

In New Brunswick, the Residential Tenancies Tribunal oversees issues between landlords and tenants—including those that arise after seizure or foreclosure. This Tribunal can assist with:

• Disputes over who is collecting rent
• Unlawful eviction
• Deposit return claims

You can submit applications, complaints, or questions directly through their website or by calling their help line.

Your Security Deposit

Your deposit is protected by law in New Brunswick. If your landlord changes (for example, after a foreclosure), the new owner is responsible for returning your deposit at the end of your tenancy, assuming you meet your lease obligations. For a deep dive, check Understanding Rental Deposits: What Tenants Need to Know.

To review all tenant and landlord rights in the province, visit Tenant Rights and Landlord Rights in New Brunswick.

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FAQs about Rental Property Seizures in New Brunswick

1. Can I be forced to leave my rental right after the property is seized?
   No. The new owner must follow the official notice procedures as set out in the Residential Tenancies Act.
2. Should I keep paying rent when the property is seized?
   Yes. Keep paying rent unless directed otherwise by the Tribunal. Make sure you know who is entitled to the payments.
3. Will my lease continue under the new owner?
   Yes, the lease remains in force and the new owner takes over the landlord’s obligations.
4. What do I do if the new landlord does not accept my deposit?
   Contact the Residential Tenancies Tribunal for guidance or file a complaint using Form 3.
5. Can the new owner refuse to do repairs?
   No. They must uphold all repair and maintenance responsibilities under the law.

Key Takeaways for New Brunswick Tenants

• Seizure of a rental property does not end your lease or rights as a tenant.
• The new owner is legally bound to the current agreement and must follow all eviction procedures.
• Your deposit remains protected and you have the right to seek assistance from the Tribunal if needed.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick - Official information, forms, and contact details
• General Inquiry and Helpline: 1-888-762-8600
• Community Legal Aid Services (New Brunswick Legal Aid Services Commission): legalaid.nb.ca
• Review your full rights at Tenant Rights and Landlord Rights in New Brunswick

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1. New Brunswick Residential Tenancies Act (current to 2024)
2. Residential Tenancies Tribunal of New Brunswick – Official guides, forms, and help
3. New Brunswick Legal Aid Services Commission: legalaid.nb.ca

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