Evictions

How and when a landlord can evict a tenant, and what to do if you are facing an eviction


Overview

An eviction is a legal proceeding in which a landlord asks the Residential Tenancies Tribunal to order a tenant to leave the rental property. Only a Residential Tenancies Officer or a Judge of the Court of Queen’s Bench of New Brunswick has the authority to evict a tenant from any rented premises.


The difference between eviction and Notice of Termination

When a landlord or tenant decide to end (terminate) a lease agreement, they must provide written notice to the other party. This written notice is called a “Notice of Termination”.

An eviction is the ordered removal of a tenant from their rental property by force or by legal process. This order is called an Eviction Order. Only a Residential Tenancies Officer or a Judge of the Court of Queen’s Bench of New Brunswick has the authority to issue an Eviction Order and evict a tenant from their rental property.  A landlord must apply for an eviction through the Residential Tenancies Tribunal. 


Who can evict a tenant?

Only a Residential Tenancies Officer or a Judge of the Court of Queen’s Bench of New Brunswick has the authority to evict a tenant from any rented premises. A sheriff will only act under the order of a Residential Tenancies Officer or judge to carry out an Eviction Order.


Reasons a tenant can be evicted

Tenants can be evicted for the following reasons:

  • The tenant received a Notice of Termination and did not move out by the date in the notice
  • The tenant did not pay rent and received a Notice to Vacate or a Final Notice to Vacate and did not move out by the date in the notice
  • The tenant received a Notice to Quit and did not move out by the date in the notice
  • A fixed-term lease has ended, and the tenant did not move out

Reasons a tenant cannot be evicted

A tenant cannot be evicted for making a complaint against a landlord.

If this happens, a tenant may file a Tenant Application for Assistance with the Residential Tenancies Tribunal, along with the notice received, within 15 days of being served with the notice. A Residential Tenancies Officer will assess the case.

Apply online, or send printed or digital copies of completed forms to the Residential Tenancies Tribunal by email to irent@snb.ca, by fax at 1-855-658-3096, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.

 


Failure to pay rent

Notice to Vacate

If a tenant does not pay rent, the landlord may serve the tenant a Notice to Vacate. The Notice to Vacate form will show the amount of rent owing and inform the tenant that rent must be paid within 7 days of service. If the tenant pays the total rent owed within 7 days of receiving the notice, they will not be required to vacate the rental unit.

For example, if rent was due January 1, the landlord may serve the tenant a Notice to Vacate January 2. The tenant has until January 9 to pay the full rent amount.

If rent is still not paid, the notice will include the date that the tenant must vacate by.

For example, if the Notice to Vacate was served on January 2, and rent is not paid on or before January 9, the tenant must move out by January 17.

The landlord will be required to provide a copy of the notice to vacate if requesting an eviction for non-payment of rent.

Notice to Vacate (PDF)

Send printed or digital copies of completed forms to the Residential Tenancies Tribunal by email to irent@snb.ca, by fax at 1-855-869-642, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.

Final Notice to Vacate

If a tenant does not pay rent again, and has previously been served a Notice to Vacate, the landlord may choose to serve a Final Notice to Vacate. The Final Notice to Vacate no longer offers the possibility of paying rent within 7 days.

The Final Notice to Vacate will show the amount of rent owing and the date that the tenant must vacate by. The date to vacate must be at least 15 days from the date the tenant is served the Final Notice to Vacate.

For example, if the Final Notice to Vacate was served on January 2, the tenant must move out by January 17.

Mobile home sites tenants must receive 3 Notices to Vacate before they can be served a Final Notice to Vacate.

The landlord must provide a copy of the Notice to Vacate to the Residential Tenancies Tribunal if requested to proceed with an investigation for non-payment of rent. At this stage, even if the tenant pays the rent owed, it will not cancel a Final Notice to Vacate, and the tenant will still have to vacate the rental unit.

Final Notice to Vacate (PDF)

Send printed or digital copies of completed forms to the Residential Tenancies Tribunal by email to irent@snb.ca, by fax at 1-855-869-642, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.


How evictions work: step by step

If a tenant does not move out of the rental unit following the end of a rental agreement a landlord may apply for an eviction.

Step 1: Apply for an eviction

A landlord may apply for an eviction by completing a Landlord Application for Assistance to the Residential Tenancies Tribunal. The landlord must provide a copy of the Notice of Termination, Notice to Vacate, Final Notice to Vacate or Notice to Quit previously served to the tenant with the application.

Apply online, or send printed or digital copies of completed forms to the Residential Tenancies Tribunal by email to irent@snb.ca, by fax at 1-855-869-642, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.

Step 2: We will contact the tenant

A member of the Residential Tenancies Tribunal will contact the tenant and allow them to provide evidence to disagree with the eviction.

Step 3: Decision

A Residential Tenancies Officer will investigate and decide whether an eviction will proceed.


What to do if you are facing an eviction

  • Talk to your landlord. You may be able to come to an agreement such as a payment plan for rent owing.
  • If you are unable to reach an agreement with your landlord on your own, call our office to help you in discussing the matter with your landlord.
  • If you are not in agreement with the terms of the eviction, call our office 1-888-762-8600 or email irent@snb.ca.
  • If you have not paid your rent when due, and you are unable to or do not intend to pay the rent owing, you will not be able to stay in the rental unit and should be looking for a place to stay.
  • Find somewhere to store your belongings if you have not found a place yet.

Get help

If you are unable to come to an agreement or pay your rent owing, there are programs available to help individuals and families pay their rent and find safe and suitable housing.


What landlords cannot do when a tenant is evicted

  • Locks can only be changed if a Residential Tenancies Officer gives written permission, or in the presence of a Sheriff during an eviction.
  • Landlords must inform a Residential Tenancies Officer if a tenant’s belongings were left behind. A landlord cannot withhold or dispose of a tenant’s belongings.

Learn what to do if belongings were left behind after an eviction:

Abandoned tenant belongings


Sheriff payments

A sheriff will only act under the order of a Residential Tenancies Officer or judge to carry out an Eviction Order. To make an online payment for sheriff services:

Residential Tenancies Tribunal – Sheriff Payments

To pay in person, visit a Service New Brunswick service centre.