New Brunswick Eviction Laws: Notice Periods and TLRO 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 Tenant and Landlord Relations Office (TLRO). 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 employs a two-step notice process for rent arrears.

Step 1: Notice to Vacate (7-Day Cure Period)

If rent is not paid on the day it is due, the landlord may immediately serve the tenant with a Notice to Vacate.

• The tenant has seven (7) days from receiving this notice to pay the full amount of rent owed.
• If the tenant pays within 7 days, the Notice to Vacate is canceled, and the tenancy continues as normal.
• Important Requirement: The landlord must send a copy of this Notice to Vacate to the TLRO within seven days of serving it to the tenant.

Step 2: Final Notice to Vacate (15-Day Minimum)

If the tenant receives a Notice to Vacate but fails to pay within the 7 days, or if they have previously received a Notice to Vacate for non-payment and fall into arrears again, the landlord can serve a Final Notice to Vacate.

• The Final Notice does not offer a 7-day grace period to pay the rent.
• The landlord must specify a move-out date that is at least fifteen (15) days from the date the Final Notice was served.
• A copy of this Final Notice must also be sent to the TLRO within seven days.

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), a different 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. If the breach relates to extreme conduct or danger, immediate compliance can be demanded.
3. TLRO 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 TLRO.
4. Notice to Quit: If the Officer investigates and agrees the tenant is in fundamental breach, the Officer (not the landlord) may serve the tenant with a Notice to Quit, dictating the date the tenant must vacate the premises.

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 TLRO.)
• The tenant's employment as a superintendent or property manager for the building has been terminated.

Ending Fixed-Term Leases

For Fixed-Term Leases (e.g., a lease that starts on Jan 1 and ends firmly on Dec 31), 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, requiring a full month's notice to end thereafter.

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 TLRO within 15 days of receiving the notice. The Officer will then hold a hearing or investigation to determine if the eviction stands.

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How Landager Helps

Managing properties in New Brunswick presents unique administrative challenges, most notably the requirement to remit all residential security deposits to the Service New Brunswick Residential Tenancies Tribunal within 15 days of collection. Missing this deadline is a compliance violation. Landager's comprehensive platform aids NB landlords by completely automating the tracking of these crucial deposit timelines, ensuring seamless operations. Furthermore, the platform expertly manages complex notice schedules—such as the mandatory 6-month notice for rent increases or the precise 15-day notice to vacate for non-payment—maintaining immaculate digital records of all communications. Whether managing a multifaceted residential portfolio or overseeing commercial leases, Landager shields you from costly administrative missteps and ensures you always have rigorous, RT-compliant documentation readily available.