Evictions (Residential Tenancy)
Rent must be paid on the agreed date. Failure to pay rent on the date due will allow the landlord to commence eviction proceedings. If the tenant’s rent cheque bounced, the landlord may charge a late payment fee, if it was agreed in the Residential Lease. This fee can be up to the amount of the bank charges for the bounced cheque.
If a tenant hasn’t paid rent, the landlord cannot:
• take or hold the tenant's personal belongings
• turn off the water, electricity or heat
• change the locks
• collect a late payment fee, if it was not agreed in the lease
Tenants can be evicted for the following reasons:
• have not paid rent and have been served with a Notice to Vacate or a Final Notice to Vacate by the landlord
• have received a valid Notice of Termination and have not left the premise on the termination date.
• fixed term lease has ended and have not left the premise
• received a Notice to Quit from a Residential Tenancies Officer, and have failed to move out by the date in the notice
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.
The landlord can give the tenant a Notice to Vacate no sooner than one day after the rent is due. If the tenant pays all the rent due within seven days of getting the Notice, the Notice will be cancelled, and the tenant doesn't have to move out. Otherwise the tenant must vacate the premises on the date indicated on the Notice to Vacate.
The landlord must give a copy of the Notice to Vacate to the Residential Tenancies Tribunal within seven days of giving it to the tenant. Failure to do so will result in the notice not being admissible to proceed with an eviction. If rent is late again, the landlord can give the tenant a Final Notice to Vacate. Even if the tenant pays the full rent within seven days of receiving a Final Notice to Vacate, they still must move out.
For mobile home sites, the tenant may receive up to three Notices to Vacate. Each notice will be cancelled if the tenant pays the full rent due within seven days of getting the Notice. The tenant may still have to pay the rent for the rest of the lease, and the landlord can file a claim against the security deposit for any unpaid rent.
A landlord must wait to make a formal Application for Assistance for an Eviction to the Residential Tenancies Tribunal until the day after the day the tenant was supposed to move out. Once the application is submitted, a Residential Tenancies Officer will investigate. At the end of the investigation, a Residential Tenancies Officer may issue a formal Eviction Order to a Sheriff who will ensure that the tenant moves out of the premises.
Can a tenant be evicted by the landlord for complaining to the Residential Tenancies Tribunal?
• No. The landlord also cannot raise the rent immediately following a complaint to get rid of a tenant. If this happens, the tenant can file a Tenant’s Application for Assistance with the Residential Tenancies Tribunal, along with the Notice received, within 15 days of being served with the notice and a Residential Tenancies Officer will assess the case.
A landlord may not:
• change locks on their own. Locks can only be changed if a Residential Tenancies Officer gives written permission or in the presence of a Sheriff during an eviction.
• hold a tenant’s belongings until the tenant pays any outstanding rent.
• Dispose of tenant’s belongings following an eviction. Landlords must inform a Residential Tenancies Officer if a tenant’s belongings were left behind.
These activities are Offences under the Residential Tenancies Act.
To recover their final loss, the landlord may file a claim on a security deposit or use the civil court system.
Once a Sheriff carries out an Eviction Order, the tenant should no longer be on the premises. If a tenant re-enters a premise after the Eviction Order has been carried out, the tenant is trespassing and the landlord should contact police.