What Tenants Should Know About Bad-Faith N12 Evictions in New Brunswick

If you’re renting in New Brunswick and receive an eviction notice claiming the landlord or a close family member wants to move in, it may be an N12 eviction. But what if you suspect it isn’t genuine? Understanding your tenant rights—and what to do if you’re facing a bad-faith eviction—is essential for protecting your home and peace of mind.

What Is an N12 Eviction in New Brunswick?

In New Brunswick, landlords must follow the Residential Tenancies Act when evicting tenants. An N12 eviction is commonly used when a landlord, or their close family member, intends to occupy the rental unit. This is sometimes called a "personal use eviction." The rules are set and enforced by the Residential Tenancies Tribunal of New Brunswick.^[1]

Valid Reasons for a Landlord to Issue an N12 Notice

• The landlord wants to move in personally
• A spouse, child, or parent wants to move in
• The property is being sold, and the buyer (or their family) wants to move in

The landlord must provide official written notice and follow the correct timelines outlined in the Act.

What Is a Bad-Faith Eviction?

A bad-faith N12 eviction happens when a landlord claims they or their family will move in, but they actually intend to:

• Re-rent the unit to someone else at a higher price
• Leave the unit vacant
• Renovate, but not for genuine personal use

If you suspect your N12 notice is not sincere, you have legal options to challenge or seek compensation.

How to Respond to an N12 Notice

Always stay calm and take the following steps:

• Check that the landlord has provided the correct written notice (use Form 10: Notice to Vacate for Personal Use, available from the Residential Tenancies Tribunal)
• Note the timeline given—usually at least two months in advance for month-to-month leases
• Keep detailed records of all communication
• If you have doubts about the landlord's intent, collect any evidence (such as rental listings or word from neighbours)

Challenging a Bad-Faith Eviction in New Brunswick

If you believe the eviction is not in good faith, you can dispute the notice with the Residential Tenancies Tribunal. Here is how:

• Complete Form 18: Application to the Residential Tenancies Tribunal – This form allows you to challenge the eviction or claim compensation if you have already moved out and then learn the landlord did not follow through.
• Download Form 18 (PDF)
• Submit the form to the Tribunal as soon as possible, along with any supporting evidence.
• The Tribunal will investigate and may schedule a hearing.
• If bad faith is proven, the landlord can be required to pay you compensation—typically the greater of two months’ rent or actual damages.

For more on your ongoing responsibilities as a tenant, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Timeline and Key Steps After Receiving a Notice

• Official Notice: Must be at least 2 months for monthly leases.
• Challenge Period: File a dispute (Form 18) quickly—ideally within 7 days if you plan to stay.
• Moving Out: If you leave and later find out the landlord acted in bad faith, you can still apply for compensation.

Before moving out, review tips on a smooth transition in Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Relevant Official Forms For Tenants

• Form 10: Notice to Vacate for Personal Use
  This is the notice landlords must use to end your tenancy for their own (or family’s) use. See Form 10 (PDF). Review the dates and reason stated.
• Form 18: Application to the Residential Tenancies Tribunal
  File this form if you want to challenge the notice or seek damages for a bad-faith eviction. Access Form 18 (PDF)

Always keep copies of your forms and correspondence for your records.

Your Rights and Responsibilities

Tenants have a right to fair treatment and compensation if a landlord evicts them in bad faith. However, you must continue meeting your own obligations, such as paying rent and keeping the property in reasonable condition during the process.

For a complete overview, visit Tenant Rights and Landlord Rights in New Brunswick.

Need to move after being forced out? Explore rental homes in your area with Houseme for current listings across Canada.

FAQs: Bad-Faith N12 Evictions in New Brunswick

1. What evidence do I need to prove a bad-faith eviction?
   If you see your former unit advertised for rent, learn a different person moved in, or find the landlord never moved in, gather documents, ads, witness statements, and any timeline details.
2. Can I stop the eviction if I contest the N12 notice?
   Yes, by immediately filing Form 18 with the Tribunal, your eviction may be delayed until your challenge is resolved.
3. What compensation can I receive after a bad-faith eviction?
   You can receive the greater of two months’ rent or the actual damages suffered as decided by the Tribunal.
4. What if I moved out before discovering the landlord acted in bad faith?
   You can apply for compensation after moving out, but must do so as soon as you become aware of the issue.
5. Where can I get help filling out the Tribunal forms?
   Contact the Residential Tenancies Tribunal directly for assistance or referral to tenant help services.

Key Takeaways for Tenants

• Always read eviction notices carefully and check for required forms and timelines
• If you suspect bad faith, quickly file Form 18 and collect supporting evidence
• Tenants have a right to compensation if a landlord issues a false N12 notice

Staying informed and acting promptly protects your rights in New Brunswick’s rental market.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Official information, forms, and dispute resolution
• Government of New Brunswick: Housing and rental resources
• Legal Aid New Brunswick: Call 1-866-366-5584 for assistance (check for eligibility)

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1. See the New Brunswick Residential Tenancies Act for legal requirements and tenant protections.
2. All official forms: Residential Tenancies Tribunal: Forms.
3. Tribunal information: Residential Tenancies Tribunal of New Brunswick.

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