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, SNB 1975, c R-10.2 (assented to December 17, 1975, with most provisions proclaimed January 1, 1983) 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 under Section 19 of the Act.

Notice to Vacate for Non-Payment (s.19)

If a tenant fails to pay rent on the date it is due, the landlord may serve them with a Notice to Vacate (s.19(1)).

• The day specified in the Notice to Vacate must be at least fifteen (15) days after the date the notice is served on the tenant (s.19(1.01)).
• If the tenant pays the full amount of rent due within seven (7) days after being served with the notice, the Notice to Vacate is typically cancelled, and the tenancy continues (s.19(4)).
• However, if the landlord previously served a notice to vacate or a residential tenancies officer served a notice to quit, and the landlord notifies the tenant in the current notice that payment will not continue the tenancy, the notice to vacate remains effective (s.19(6)).

Eviction for Lease Violations (s.5)

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 (s.5(1)). This notice must set out the tenant's name, the premises' address, indicate the time prescribed by regulation for compliance, and be dated and signed by the landlord (s.5(1.1)).
2. Opportunity to Comply: The notice must indicate the time prescribed by regulation within which the tenant must comply with their obligations (s.5(1.1)(d)).
3. Tribunal Intervention: If the tenant fails to correct the violation within the prescribed time, the landlord can advise a Residential Tenancies Officer in writing (s.5(2)).
4. Order of Possession: If the Officer investigates and agrees the tenant is in fundamental breach, the Officer may serve on the tenant a notice to quit terminating the tenancy and requiring the tenant to vacate the premises at the time selected by the officer (s.5(4)).

Eviction for Landlord's Use or Renovations (s.24.12, s.24.13)

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.

A landlord shall not serve a notice of termination of a tenancy unless (s.24.12(1)):

• The landlord intends in good faith that the premises will be occupied for at least three consecutive months by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse.
• The premises occupied by the tenant will be used other than as residential premises for at least three consecutive months.
• The tenancy arises out of an employment relationship between the tenant and the landlord in which the employment relates to the maintenance or management of the premises, and the employment relationship is terminated.

Notice Periods:

• For month-to-month tenancies, the landlord must provide at least one (1) month's written notice (s.24(1)(b)).
• For year-to-year tenancies, the landlord must provide at least three (3) months' written notice (s.24(1)(a)).
• For long-term tenancies (five consecutive years or more), the landlord must provide at least three (3) months' written notice (s.24.6(1)).

Renovations and Compensation:

• Renovations: Evictions for renovations or repairs require the landlord to first obtain advance written approval from a Residential Tenancies Officer (s.24.13(1)).
• Compensation: If a landlord serves a notice for personal use or change of use and does not, within two months after the tenancy terminates, occupy or use the premises for the stated reason for at least three months, the tenant may apply for compensation for losses caused by the termination (s.24.12(8), s.24.12(9)). Similar compensation rules apply if renovation work is not carried out as stated (s.24.13(3), s.24.13(4)).

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 new tenancy agreement, the term of which is determined by the method of rental payment (s.23).

The Tenant's Right to Dispute (s.24.12(3))

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 (s.24.12(3)). The Officer will then review the notice and ask the landlord to establish the reason for the termination (s.24.12(4)). If the landlord fails to establish the reason, the notice will be set aside (s.24.12(5)).

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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.