Tenants who face wrongful eviction in New Brunswick need clear, practical steps and reliable information about their rights, the penalties landlords may face, and how to respond. This guide explains the provincial process in plain language, describes the types of penalties and remedies available through the tribunal, and lists the official forms you may need. If you are dealing with an eviction, you will learn how to document the situation, file an application, and where to get help so you can protect your tenancy or seek compensation. The aim is to give tenants in New Brunswick usable options and links to the tribunal and legislation you will need to act confidently.
What counts as a wrongful eviction in New Brunswick?
Wrongful eviction happens when a landlord tries to force a tenant to leave without following the Residential Tenancies Act process, uses threats, shuts off utilities, changes locks, or removes a tenants belongings without a tribunal order. Common examples include asking a tenant to vacate without proper notice, entering the unit to intimidate a tenant, or attempting to seize personal property to force departure. Tenants with questions about what is lawful should check the provincial rules and consider filing with the tribunal if they suspect an illegal eviction.
Penalties and remedies available to tenants
The Residential Tenancies Tribunal can order various remedies when an eviction is found to be wrongful. These may include:
- Compensation for financial losses and moving expenses.
- Orders to restore the tenancy or allow the tenant to return.
- Administrative penalties or fines when the law has been breached.
- The tribunal may issue enforcement orders or refer matters for further legal action.
Key steps a tenant should take if facing wrongful eviction
- Collect evidence: save texts, emails, photos of lock changes or utility shut-offs, and a log of events.
- Check required forms and deadlines on the Residential Tenancies Tribunal website and prepare your application.[1]
- Contact the tribunal or local tenant help services for procedural guidance and to confirm hearing dates.
- Attend the hearing with your evidence and witnesses; ask for remedies such as compensation or reinstatement.
- If necessary, follow up on enforcement orders and keep records of any compliance or non-compliance by the landlord.
Official forms and when to use them
Tenants in New Brunswick commonly use tribunal forms to start an application or respond to notices. Key documents include:
- Application to the Residential Tenancies Tribunal use this to ask the tribunal to review an alleged wrongful eviction or seek compensation; for example, file it after you have been locked out or your utilities were shut off without an order.[1]
- Notice to End a Tenancy (landlords notice forms) review these if you received a termination notice to confirm whether the landlord followed the correct template and timelines under the Act.[2]
- Response forms for tenants used to reply to an application or to submit evidence prior to a hearing.
Always download forms from the official tribunal page and follow the filing instructions; improper filing can delay your case or affect your rights.[1]
Practical examples
Example 1: A tenants locks are changed without notice. The tenant documents the time, photos the new lock, requests the landlord return access in writing, and files an application to the tribunal asking for access restored and compensation for relocation costs.
Example 2: A landlord posts a notice requiring immediate vacate without the required statutory notice period. The tenant files a response and applies to the tribunal for a declaration that the eviction was wrongful and for damages.
How much time do you have to act?
Deadlines vary by the type of notice and the Tribunals rules. For example, some notices give only days to vacate while tribunal applications typically must be filed within a specified time after the incident. Check the tribunal guidance and file as soon as possible to preserve your rights.[1]
Related tenant resources
- For general rights in the province, read Tenant Rights and Landlord Rights in New Brunswick.
- If you need advice about complaints, see How to Handle Complaints in Your Rental: A Tenant's Guide for practical steps.
- To look for alternative housing if you must move, Find rental homes across Canada on Houseme.
FAQ
- What is the Residential Tenancies Tribunal and how do I contact it?
- The Residential Tenancies Tribunal is the provincial body that resolves disputes between landlords and tenants in New Brunswick; you can file applications and find contact details on the official tribunal web pages.[1]
- Can a landlord legally change the locks to force me out?
- No. In most cases changing locks to remove a tenant without a tribunal order is illegal and may be grounds for a tribunal application and compensation.
- What remedies can the tribunal order for wrongful eviction?
- The tribunal may order compensation, restoration of tenancy, administrative penalties, or other remedies depending on the case facts.
How-To
- Document the event: take photos, note dates and times, and save messages from the landlord.
- Download the correct tribunal application form and instructions from the official site and complete the form fully.[1]
- Contact the tribunal registry or local tenant support for procedural questions and filing options.
- File the application, serve copies if required, and prepare your evidence and witnesses for the hearing.
- Attend the hearing, present your case calmly, and request the remedy you need such as compensation or reinstatement.
Help and Support / Resources
- Residential Tenancies Tribunal - Service New Brunswick
- Residential Tenancies Act (New Brunswick)
- Tribunal forms and filing instructions
