In New Brunswick, an undisputed eviction for non-payment of rent typically takes 3 to 4 weeks from serving the notice to getting an Order of Possession. However, if the eviction is for behavioural reasons or the tenant disputes the claim with the RTT, the process can take up to 6 to 8 weeks.
When you realize you need to remove a problematic tenant, time is of the essence. Every extra day a tenant stays in your property without paying rent-or while causing damage-cuts directly into your bottom line. Landlords in cities like Moncton and Fredericton frequently ask how fast they can legally reclaim their property.
The truth is, there is no such thing as an overnight eviction. 📈 New Brunswick balances the property rights of landlords with the housing security of tenants. The entire timeline depends heavily on the reason for the eviction, the tenant’s response, and how quickly the Residential Tenancies Tribunal (RTT) can process your file. In this guide, we map out the exact timeline you can expect.
Step-by-Step Timeline of an Eviction in New Brunswick
Eviction timelines are strictly governed by the Residential Tenancies Act. Missing a deadline or serving the wrong notice can reset the entire clock, forcing you to start from scratch. Here is how a standard eviction generally unfolds.
Step 1: The Incident and Serving Notice (Day 1)
The timeline begins the moment you serve the eviction notice. 📄 For unpaid rent, you can serve a Notice to Vacate the day after the rent was due. It is critical to serve this notice correctly (handed directly, placed in the mailbox, or posted on the door) and record the exact date and time, as this dictates all future deadlines.
Step 2: The Tenant’s Legal Notice Period (Days 2 to 15)
Tenants have a legal right to a notice period before they must leave. For non-payment of rent, the notice period is exactly 15 days. During the first 7 days of this period, the tenant has the right to pay the overdue rent in full, which completely cancels the eviction. If they do not pay within 7 days, the eviction proceeds, and they must be out by day 15.
Step 3: Filing with the RTT (Day 16)
If the tenant has not vacated the unit by the deadline specified on your notice, you must immediately apply for an Order of Possession from the RTT. ⚔ Do not delay this step. You can submit your Application for Assistance online or at a Service New Brunswick location. Once submitted, your file enters the queue to be assigned to a Residential Tenancies Officer.
Step 4: RTT Investigation and Order (Weeks 3 to 5)
The Officer will review the evidence (lease, notices, rent ledger) and attempt to contact both you and the tenant. For straightforward non-payment cases, the Officer usually issues an Order of Possession within 1 to 2 weeks of receiving your application. If the tenant files a formal dispute, the investigation will take longer, potentially pushing this step to 3 or 4 weeks.
Step 5: Sheriff Enforcement (If Necessary)
If the RTT issues the Order of Possession and the tenant still refuses to leave, you must hire the Sheriff’s Office. 🚨 Getting the Sheriff to schedule the physical eviction usually adds an extra 3 to 7 days to your timeline, depending on their current local workload.
How Much Does the Timeline Cost You?
In real estate, time is money. 💵 While the legal filings are generally free, the duration of the eviction costs you in lost revenue. Here is a look at what the process typically entails financially.
| Phase of Eviction | Timeframe | Financial Impact (CAD) |
|---|---|---|
| Notice Period | 15 Days | Half a month of lost rent. |
| RTT Processing Time | 1 – 3 Weeks | Potentially bleeding into the next month’s rent. |
| RTT Filing Fee | Instant | $0 (The government service is free). |
| Sheriff Enforcement | 3 – 7 Days | $50 – $150 in administrative and mileage fees. |
To minimize your losses, it is highly recommended to act firmly and serve your eviction notices the very first day rent is late. Giving informal extensions only prolongs the legal timeline if the tenant ultimately defaults.
Factors That Can Delay the Process
While the baseline is 3 to 4 weeks, several things can slow down your eviction. ❗ If the tenant alleges that you failed to maintain the property (e.g., ignoring major repairs), the RTT may pause the eviction to investigate their claims. Additionally, if you made a clerical error on the Notice to Vacate-such as getting the dates wrong or misspelling the tenant’s legal name-the Tribunal may force you to serve a brand-new notice, starting the 15-day clock all over again.
Frequently Asked Questions (FAQ)
How long is the notice period for evictions not related to rent?
If you are evicting a tenant for breach of lease (like unauthorized pets or disturbing neighbours), you typically must serve a 1-month Notice to Vacate. If you intend to move into the unit yourself, the required notice period jumps to 2 full months.
Can a tenant appeal an RTT Order of Possession?
Yes, tenants have the right to request a judicial review of an RTT decision through the Court of King’s Bench. However, this is a complex and costly legal process, and it is rarely utilized for standard non-payment evictions.
Is the eviction process slower in the winter?
Unlike some jurisdictions, New Brunswick does not have a blanket “winter eviction ban.” You can still evict a tenant for non-payment of rent in January. However, Residential Tenancies Officers often scrutinize winter evictions closely to ensure all procedures were flawlessly followed.
Can I speed up the RTT investigation?
You cannot fast-track the RTT queue, but you can ensure your file is processed without delays by providing perfect documentation. Submit clear copies of the lease, the served notice, a detailed rent ledger, and proof of service when you apply.
What happens if the 15th day falls on a weekend?
If the deadline on the Notice to Vacate falls on a weekend or statutory holiday, the tenant is typically given until the next business day to comply before you can officially file for an Order of Possession with the RTT.
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