What is a 'Notice to Quit' and how is it different from a 'Notice of Hearing'?

A Notice to Quit is the initial legal notice a landlord gives a tenant to end the tenancy for a specific reason (e.g., 1-Day notice for serious breach, 14-Day notice for non-payment). A Notice of Hearing is a document from the RTB that schedules a formal hearing to decide if the eviction should be granted, sent after the landlord files an application for dispute resolution.

What can a tenant do if they receive an eviction notice?

Tenants should: 1) Read the notice carefully to understand the reason and deadline. 2) For non-payment notices, pay the full rent owed within the notice period to cancel it. 3) If they disagree with the notice, they can file a Dispute Resolution Form with the RTB before the notice expires to request a hearing. 4) Seek advice from the NB Residential Tenancies Tribunal or a legal clinic.

What are the valid reasons for eviction in New Brunswick?

Valid reasons under the Residential Tenancies Act include: non-payment of rent, consistent late payment, significant damage to the property, illegal activity on the premises, causing undue disturbance to others, the landlord requiring the unit for personal/family use (with proper notice and compensation), or the landlord planning major renovations/demolition.

What happens at an eviction hearing?

Both parties present their evidence (e.g., lease agreements, rent records, photos, witness statements) to a Residential Tenancies Officer. The officer acts as a neutral decision-maker. The process is less formal than court but follows rules of evidence. After hearing both sides, the officer will issue a written order, which may grant or deny the eviction, set conditions, or order payment of money.

How much does it cost to file for an eviction in NB?

As of 2023, the fee to file a Dispute Resolution Application with the Residential Tenancies Branch is $100.70. There may be additional costs for serving documents and for the Sheriff to enforce the eviction order (approximately $300-$500). Tenants can file a dispute for a reduced fee of $21.95 if they have a low-income status.

Can a tenant be evicted in winter in New Brunswick?

Yes. New Brunswick does not have a 'winter eviction ban' like some other provinces. Evictions can proceed year-round once a valid order is obtained from the Residential Tenancies Branch. However, the Sheriff may consider extreme weather conditions on a case-by-case basis when scheduling the lock change, but this does not stop the legal process.

Eviction Process in New Brunswick: Legal Steps Explained

In New Brunswick, eviction is a formal legal process regulated by the Residential Tenancies Act where only the Residential Tenancies Branch (RTB) can order an eviction, typically initiated by a landlord serving a specific "Notice to Quit," followed by a potential hearing and enforcement by a Sheriff if the tenant does not comply or successfully dispute the claim.

Overview & Key Principles

Eviction in New Brunswick is not a simple or quick action a landlord can take unilaterally. It is a structured process defined by provincial law, designed to balance landlord rights to protect their property and income with tenant rights to security of tenure. A core principle is the prohibition of "self-help" evictions—landlords cannot legally change locks, throw out belongings, or intimidate tenants to leave.

Governing Law: The Residential Tenancies Act, S.N.B. 1975, c. R-10.2 is the primary legislation. The Residential Tenancies Branch (RTB) administers the Act and resolves disputes.

Valid Reasons for Eviction

Landlords must have a legally recognized reason ("ground") to end a tenancy. These are divided into two main categories:

Landlord's Responsibility (No Fault of Tenant)

Landlord's Personal/Family Use: The landlord, their spouse, child, or parent requires the unit. Requires 3 months' notice and one month's rent as compensation to the tenant.
Major Renovation or Demolition: The unit must be vacant for substantial work. Requires 3 months' notice and, in some cases, a right of first refusal to return after renovations.

Tenant's Breach of Agreement

Non-Payment of Rent: Most common reason. Rent is late or unpaid.
Consistent Late Payment: A pattern of late rent payments that disrupts the landlord.
Significant Damage: Causing damage beyond normal wear and tear.
Illegal Activity: Using the property for illegal purposes.
Undue Disturbance: Interfering with the landlord or other tenants' reasonable enjoyment.

Step-by-Step Eviction Process

The following flowchart outlines the typical path of an eviction for cause (e.g., non-payment):

1. Serve Formal Notice: Landlord serves the correct "Notice to Quit" (e.g., 14-Day Notice for Non-Payment).

2. Tenant Response Period: Tenant has the notice period to either fix the issue (e.g., pay rent) or file a dispute with the RTB.

3. File for Dispute Resolution: If the tenant doesn't comply or disputes, the landlord files an application (Form 6) with the RTB and pays a fee ($100.70).

4. Hearing & Order: The RTB may schedule a hearing. After reviewing evidence, a Residential Tenancies Officer issues an "Order of Possession" if the eviction is granted.

5. Enforcement: If the tenant still doesn't leave, the landlord submits the Order to the Sheriff's Office, which legally removes the tenant and changes locks.

Key Local Detail: In New Brunswick, even after an Order of Possession is granted, the landlord cannot act on it themselves. They must pay a fee to the Sheriff's Office to enforce it, ensuring the process is carried out lawfully and peacefully.

Understanding Notice Types & Timelines

The type of notice and its required timeframe are strictly tied to the reason for eviction.

Notice Type	Used For	Legal Timeframe	Key Details
1-Day Notice to Quit	Serious or repeated illegal acts causing major damage or disturbance.	1 Full Day	Tenant has no right to correct the behavior. Landlord can apply directly to the RTB the next day.
14-Day Notice to Quit (Non-Payment)	Failure to pay rent when due.	14 Days	Tenant can void the notice by paying all overdue rent within the 14 days. The most common eviction notice.
14-Day Notice to Quit (Other Breach)	Other lease violations (damage, persistent late payment, disturbance).	14 Days	Tenant can void the notice by correcting the violation (e.g., stopping the disruptive behavior) within the 14 days.
3-Month Notice to Quit	Landlord/family needs unit, major renovations, demolition.	3 Calendar Months	For personal/family use, landlord must also pay the tenant compensation equal to one month's rent.

The Hearing & Appeal Process

If a dispute is filed, a hearing before a Residential Tenancies Officer is the norm.

Preparation: Both parties should gather all evidence: lease, rent receipts, bank records, photos, videos, logs of incidents, witness contact information.
At the Hearing: Each side presents their case. The process is inquisitorial—the officer asks questions to ascertain facts. Legal representation is allowed but not common.
The Order: Decisions are usually provided in writing within a few weeks. It will state who gets possession of the unit and any monetary awards.

Appealing a Decision

Either party can appeal the RTB Officer's decision to the Residential Tenancies Tribunal within 15 days of receiving the order. Appeals are not re-hearings; they focus on errors of law or procedure. Filing an appeal does not automatically stop an eviction; the tenant must usually apply for a "stay of execution."

Enforcement: The Sheriff's Role

The Sheriff is the only person in NB who can legally physically remove a tenant and their belongings.

Process: After receiving a valid Order of Possession from the landlord, the Sheriff's office will post a final notice on the tenant's door, giving them typically 24 to 72 hours to vacate voluntarily. If they do not leave, the Sheriff will return, supervise the removal of belongings (which are placed in a safe location accessible to the tenant), and change the locks. Landlords are responsible for storage costs for a short period (often 30 days).

Local Cost: Sheriff enforcement fees are approximately $300 - $500, paid upfront by the landlord. This is in addition to the RTB filing fee.

Tenant Rights & Defenses

Tenants facing eviction have important rights:

Right to Dispute: To challenge any eviction notice they believe is unjustified.
Right to a Hearing: To present their side of the story before an impartial officer.
Defense of "Retaliatory Eviction": If the eviction notice is served shortly after the tenant exercised a legal right (e.g., requested repairs), the tenant can argue it is in bad faith. The burden of proof shifts to the landlord.
Right to Retrieve Belongings: After a Sheriff enforcement, tenants have the right to collect their stored possessions, often within a 30-day window.

NB-Specific Data & Policy Context

Understanding the local context is crucial for landlords and tenants.

Local Data & Trends

Primary Cause: Non-payment of rent is the leading cause of eviction applications in NB.
RTB Caseload: According to the latest annual report, the RTB handles thousands of dispute applications yearly, with a significant portion related to possession/eviction.
Hearing Wait Times: While variable, average wait times for a hearing can range from 4 to 8 weeks, affecting the overall process timeline.

Policy Comparison (NB vs. Other Provinces)

Feature	New Brunswick	Ontario	British Columbia
Personal Use Notice	3 Months + 1 Month Rent Compensation	60 Days (2 Months) + 1 Month Compensation	2 Months + 1 Month Compensation
Non-Payment Notice Period	14 Days	14 Days	10 Days for 1x late rent, 1 Month for repeat
Winter Eviction Ban	No	No	No (but limited in some municipalities)
Primary Enforcement Body	Sheriff's Office	Court Enforcement Office (Sheriff)	Court Bailiff

Official Resources & Contacts

Residential Tenancies Branch (RTB): Source for all official forms, guides, and to file disputes. Phone: 1-888-762-8600.
Residential Tenancies Act: Full text of the law.
NB Sheriff Services: Information on enforcement of court/RTB orders.
Residential Tenancies Tribunal: Body for appeals of RTB decisions.
Community Legal Aid: For low-income tenants facing eviction. Contact the New Brunswick Legal Aid Services Commission.

Frequently Asked Questions (FAQ)

Can a landlord change the locks to evict a tenant in NB?

A. No. In New Brunswick, a landlord cannot legally evict a tenant by changing locks, shutting off utilities, or removing belongings. Only the Residential Tenancies Branch (RTB) can authorize an eviction, and it must be enforced by a Sheriff. A landlord who attempts a 'self-help' eviction can face significant penalties, including compensating the tenant.

How long does the eviction process take in New Brunswick?

A. The timeline varies based on the reason for eviction and if a hearing is required. For non-payment of rent, if the tenant does not pay or dispute the notice, the process can take approximately 4-6 weeks from the initial notice to the Sheriff's enforcement. For other reasons (e.g., causing disturbances) requiring a hearing, it can take 2-4 months or longer, depending on RTB scheduling and any appeals.

Disclaimer

This guide provides general information about the residential eviction process in New Brunswick, Canada. It is not legal advice. The law, as outlined in the Residential Tenancies Act, S.N.B. 1975, c. R-10.2 and its regulations, is complex and subject to change. Specific circumstances can drastically alter legal rights and procedures. Both landlords and tenants are strongly advised to:

Consult the official Residential Tenancies Branch for the most current forms and information.
Seek advice from a qualified lawyer or legal professional familiar with New Brunswick tenancy law for guidance on their specific situation.
Refer directly to the full text of the law for definitive legal language.

The author and publisher disclaim any liability for actions taken based on the content of this guide.