Top 5 Things Tenants Must Know About Eviction in New Brunswick

Facing eviction is stressful for any tenant. If you live in New Brunswick, it’s important to understand your rights, the steps involved, and what protections exist under provincial law. This article explains the most important things you need to know about evictions in New Brunswick, so you can respond confidently if you receive a notice from your landlord.

1. Evictions Must Follow the Law

In New Brunswick, a landlord cannot evict a tenant without proper legal process. Any eviction must be done according to the Residential Tenancies Act and overseen by the province’s Residential Tenancies Tribunal.^[1] Common lawful grounds for eviction in New Brunswick include:

• Non-payment of rent
• Serious damage to the property
• Repeated interference with the peaceful enjoyment of others
• Landlord or family member moving in

Your landlord cannot remove you without written notice and a valid reason outlined under the Act.

2. Notice Periods Depend on the Reason

The amount of notice your landlord must give you to end your tenancy depends on the reason for eviction. In most cases:

• Non-payment of rent: 7 days written notice. The notice can be voided (cancelled) if you pay the full amount owed within 7 days.
• Other valid reasons: Usually 1-3 months, depending on the situation.

The notice must be in writing and use the official form (see next section).

3. Official Forms: What You Need to Know

Eviction notices in New Brunswick must use specific forms issued by the Residential Tenancies Tribunal:

• Notice of Termination (Form 9A): Used by landlords to officially notify tenants of ending a tenancy for reasons like non-payment, owner occupancy, or damage.
  How to use it: If you receive a Form 9A, check the stated reason and notice period. If you disagree, you may contact the Tribunal to dispute the notice.
  Download Form 9A
• Application for Review: Used by tenants to ask the Tribunal to review an eviction or resolve a dispute.
  How to use it: If you believe your eviction is not valid, file this application promptly with the Tribunal.
  Access Application for Review

Always keep copies and submit your dispute as soon as possible—deadlines matter!

4. Tenants Have Rights: How to Dispute an Eviction

Tenants can challenge an eviction if they believe it’s unjust or the proper legal process wasn’t followed. Steps include:

• Carefully read the Notice of Termination to see the reason and timelines
• Contact the Residential Tenancies Tribunal as soon as possible to discuss options
• Submit an Application for Review if you wish to dispute the eviction
• Gather evidence, such as receipts, communication with your landlord, and photos
• Attend any scheduled hearing if required

Your right to a fair process is protected by New Brunswick law. For more details on your responsibilities and rights, check out the Obligations of Landlords and Tenants: Rights and Responsibilities Explained guide.

5. Moving Out: What Happens and What Are Your Responsibilities?

If you must move out after an eviction notice, you should:

• Remove all personal belongings and clean the unit
• Return all keys to your landlord
• Document the condition of the property with photos
• Provide your forwarding address for deposit returns

For tips on a smooth transition, see the guide on Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Understanding these responsibilities helps protect your rights and can speed up any security deposit refund.

For a detailed breakdown of tenant and landlord law in the province, visit Tenant Rights and Landlord Rights in New Brunswick.

And if you're looking for your next place, Browse apartments for rent in Canada to discover options that suit your needs.

Frequently Asked Questions

1. Can my landlord evict me without a written notice in New Brunswick?
   No, all evictions must be delivered in writing using the appropriate tribunal form and must follow notice periods set in the law.
2. How much notice must my landlord give for eviction?
   It depends on the reason—7 days for non-payment, and typically one to three months for other reasons. The written notice must state the reason clearly.
3. What can I do if I disagree with the eviction notice?
   You can file an Application for Review with the Residential Tenancies Tribunal to dispute the eviction before the deadline listed on the notice.
4. Do I have to move out right after getting an eviction notice?
   Not immediately. The notice must comply with legal timelines. If you challenge the eviction, you may remain until a decision is reached unless otherwise ordered.
5. Will I lose my security deposit if I'm evicted?
   You may be entitled to get your deposit back, less any lawful deductions for damages or unpaid rent.

How To Respond to an Eviction Notice in New Brunswick

1. Carefully review the notice
   Confirm the reason for eviction, notice timeline, and that the official form has been used.
2. Gather documentation
   Collect lease agreements, rent receipts, and communications related to your tenancy.
3. Contact the Residential Tenancies Tribunal
   Reach out for guidance or clarification about the notice and your options.
4. File an Application for Review
   Complete and submit the Tribunal form before the deadline if you wish to dispute the eviction.
5. Attend hearings if scheduled
   Present your case and evidence to the Tribunal at any scheduled meeting.

Following these steps helps ensure your voice is heard and that you access all available protections.

Key Takeaways

• Eviction must follow strict legal requirements set out in New Brunswick’s Residential Tenancies Act
• Written notice with the correct form and timeline is mandatory
• Tenants have the right to dispute an eviction through the Residential Tenancies Tribunal

Need Help? Resources for Tenants

• Residential Tenancies Tribunal: Main authority for all residential tenancy matters in New Brunswick, including forms and dispute resolution. Visit the Tribunal website or call Toll-Free: 1-888-762-8600
• Legal Aid New Brunswick: Provides information and possible representation for eligible tenants. Learn more about Legal Aid services
• Live, work, and rent in NB: Find guides to your tenant rights at Tenant Rights and Landlord Rights in New Brunswick

---

1. [1] Residential Tenancies Tribunal: Residential Tenancies Tribunal official site
2. New Brunswick Rental Law: Residential Tenancies Act
3. Official eviction forms and guides: Tribunal Forms Portal

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