Government of New Brunswick
Tenants can be evicted for the following reasons:
  • Did not pay rent when due. A Notice to Vacate or a Final Notice to Vacate must be served by the landlord Eviction Bulletin.
  • Have been served a proper Notice of Termination to end the tenancy and have not left the premise on the termination date. Want to find out if your Notice of Termination was properly served, apply for assistance with the Tribunal by completing an Application for Assistanceand a Residential Tenancies Officer will assist you.
  • A fixed term lease has ended and have not left the premise
  • Have received a Notice to Quit from a Residential Tenancies Officer and have failed to move out by the date in the notice.
     
What to do in the event you are facing eviction?
  • If you are not in agreement with the terms of the eviction, call our office 1-888-762-8600 or email irent@snb.ca.
  • Speak to your landlord. You may be able to come to an agreement such as a payment plan for rent owing and avoid being evicted.
  • If you are unable to reach an agreement with your landlord, call our office to assist you in discussing the matter with your landlord.
  • When you receive one of the notices mentioned above, be prepared.  You should be looking for a new place if you have no intention of paying your rent.
  • Find somewhere to store your belongings if you have not found a place yet.
     
Unpaid Rent - What you need to know

Rent must be paid on the agreed date. If you fail to pay your rent on the date due, the landlord may proceed with serving a Notice to Vacate informing you of the terms of repayment. It is best to discuss the matter with the landlord. Being honest and accountable for your rent is a responsible approach.  When contacted by the Residential Tenancies Tribunal, respond to our calls/emails.  It is in your best interest to accept help from the Tribunal when they contact you to discuss the matter.

 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.
     
Who can evict?

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.

 

Can a tenant be evicted by the landlord for complaining to the Residential Tenancies Tribunal?
  • The Act protects tenants from this.  The landlord also cannot raise the rent immediately following a complaint to force the tenant to move. If this happens, the tenant must file a Tenant’s Application for Assistance with the Residential Tenancies Tribunal within 15 days of being served with the notice, including a copy of the Notice received. A Residential Tenancies Officer will then investigate the matter on the tenant’s behalf.

A landlord may not:

  • Change locks without prior consent. Locks can only be changed if a Residential Tenancies Officer gives written permission or in the presence of a Sheriff during an eviction.
  • Withhold a tenant’s belongings until the tenant pays any outstanding rent.
  • Dispose of a tenant’s belongings following an eviction. Landlords must inform a Residential Tenancies Officer if a tenant’s belongings were left behind.
     
Can I go back to my apartment after I have been evicted?

If you and the landlord agree that you can return to pick up your belongings, yes. Should you have difficulty retrieving your belongings, contact our office and a Residential Tenancies Officer will assist you in gaining access to your belongings.  Otherwise, the you should no longer be on the premises. If you re-enter a premise after the Eviction Order has been carried out, you are trespassing.
 

Questions?

Email irent@snb.ca or  Telephone 1-888-762-8600 (it is a free call)