What landlords may say — and what that means
Landlords can tell a tenant why they want to end a tenancy, reference specific breaches (for example, non-payment of rent or damage), and say they will start formal proceedings. However, statements that threaten illegal actions, pressure a tenant to leave without following the formal process, or spread misleading information about a tenant are not lawful. If a landlord mentions an upcoming hearing or application to the Residential Tenancies Tribunal, they must follow the rules and serve the correct notice forms before pursuing a tribunal application [1].
Common legal notices and official forms
In New Brunswick the legislation that governs tenancies is the Residential Tenancies Act; it sets out when landlords can end a tenancy and how notices must be delivered [2]. Typical official forms you may receive include a Notice to Terminate for Non-Payment and a Notice to Terminate for Cause. Each form has a name and a purpose:
- Notice to Terminate for Non-Payment — used when rent is overdue; it explains the amount owed and the deadline to pay or face an application to the tribunal.
- Notice to Terminate for Cause — used for breaches such as significant damage, illegal activity, or persistent disturbances; it sets out the grounds and any cure period if applicable.
- Application to the Residential Tenancies Tribunal — the formal filing a landlord uses when they proceed after giving a notice.
What landlords cannot say or do
Landlords cannot lawfully threaten force, shut off utilities to pressure you to leave, or publish false statements about you to third parties. They also should not tell you that you have no options — tenants can contest notices before the Residential Tenancies Tribunal and raise defences or ask for more time.
How to respond as a tenant
If you get a notice or hear threatening language, take these practical steps: collect documentation, ask for the specific form in writing, and apply to the tribunal if you dispute the notice. You can also seek help from local tenant advice services and Legal Aid if you qualify.
FAQ
- Can a landlord tell me I must leave immediately?
- No. In most cases landlords must use the correct written notice and follow timelines under the Residential Tenancies Act; immediate eviction without a tribunal order is not lawful.
- What if my landlord says they will evict me for non-payment?
- You should get the notice in writing, check the amount and deadlines, and pay or apply to the tribunal to dispute it if you believe the amount is wrong or you have a valid defence.
- Can my landlord talk to future landlords or references about my eviction?
- Landlords may provide factual information about past tenancies, but false or malicious statements may be unlawful and could be challenged as defamation or wrongful conduct.
How-To
- Gather evidence: copy notices, photos, receipts and messages that relate to the dispute.
- Confirm the form and deadline: read the notice carefully and note when it was served and the deadline to respond or pay.
- Apply to the Residential Tenancies Tribunal if you dispute the notice or need a hearing date.
- Get help: contact tenant advice services or Legal Aid to review your case and next steps.
Help and Support / Resources
- Residential Tenancies information — Service New Brunswick
- Residential Tenancies Tribunal — Government of New Brunswick
- Legal Aid New Brunswick
- [1] Residential Tenancies Tribunal — Government of New Brunswick
- [2] Residential Tenancies Act — Government of New Brunswick
- [3] Official residential tenancy forms — Service New Brunswick
Additional resources: Find rental homes across Canada on Houseme and review local tenant guides when looking for alternate housing or moving options. For landlord-specific guidance see How Landlords Should Handle End of Tenancy Issues Properly and Legally and learn more about rights in this province at Tenant Rights and Landlord Rights in New Brunswick.
