New Brunswick Eviction Laws: Notice Periods and Tribunal Process

In New Brunswick, landlords cannot unilaterally end a tenancy or forcefully remove a tenant. The eviction process is strictly governed by the Residential Tenancies Act and overseen by the Residential Tenancies Tribunal. Landlords must serve specific, formalized notices based on the reason for eviction and adhere to required timelines.

Eviction for Non-Payment of Rent

The most common reason for eviction is non-payment of rent. New Brunswick law requires a specific notice process to address rent arrears.

Notice to Vacate for Non-Payment

If a tenant fails to pay rent on the date it is due, the landlord may serve them with a Notice to Vacate.

• The tenant has fifteen (15) days from the date the notice is served to pay the full amount of rent owed or vacate the premises.
• If the tenant pays the full amount within this 15-day period, the Notice to Vacate is typically canceled, and the tenancy continues (unless the tenant is a frequent late payer).
• Mandatory Filing: The landlord must send a copy of this Notice to Vacate to the Residential Tenancies Tribunal within seven (7) days of serving it to the tenant.

Eviction for Lease Violations

When a tenant breaches the lease agreement or their obligations under the Residential Tenancies Act (such as causing significant damage, creating disturbances, or failing to maintain basic cleanliness), the following process applies:

1. Written Complaint: The landlord must first provide the tenant with a written notice outlining the specific complaint or violation.
2. Opportunity to Comply: For most breaches, the tenant must be given seven (7) days to correct the issue and comply with their obligations.
3. Tribunal Intervention: If the tenant fails to correct the violation after receiving the 7-day written notice, the landlord can seek assistance from a Residential Tenancies Officer at the Tribunal.
4. Order of Possession: If the Officer investigates and agrees the tenant is in fundamental breach, the Officer may issue an Order of Possession, dictating the date the tenant must vacate.

Eviction for Landlord's Use or Renovations

New Brunswick allows landlords to end a tenancy if they require the property for themselves, or for specific structural reasons. To do this, landlords must issue a Notice of Termination.

For month-to-month, year-to-year, and long-term tenancies, the landlord must provide three (3) months' written notice for the following reasons:

• The landlord or their immediate family member intends to move into the unit.
• The unit will be permanently removed from the residential rental market.
• The landlord intends to carry out significant renovations that require the unit to be vacant. (Note: Evictions for renovations require the landlord to first obtain advance approval from the Residential Tenancies Tribunal.)
• The tenant's employment as a superintendent or property manager for the building has been terminated.

Ending Fixed-Term Leases

For Fixed-Term Leases, the tenancy automatically ends on the agreed-upon date. Neither party is legally required to give notice to terminate at the end of a fixed term. However, if the tenant remains past the end date and the landlord accepts rent, the lease typically converts into a month-to-month tenancy.

The Tenant's Right to Dispute

If a tenant receives a Notice of Termination for reasons other than non-payment of rent, and they disagree with the eviction, they have the right to challenge it. The tenant must submit a dispute in writing to a Residential Tenancies Officer at the Tribunal within 15 days of receiving the notice. The Officer will then hold an investigation to determine if the eviction is valid.

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How Landager Helps

Managing properties in New Brunswick involves strict adherence to the Residential Tenancies Act. Landager’s platform helps NB landlords maintain compliance by tracking mandatory deposit timelines—such as the requirement to remit security deposits to the Residential Tenancies Tribunal—and managing notice periods for rent increases and evictions. By automating document retention and deadline reminders, Landager ensures you have the necessary documentation ready for any Tribunal investigation or King’s Bench application.