In New Brunswick, applying to the Residential Tenancies Tribunal (RTT) to evict a tenant is completely free ($0). However, if the tenant refuses to leave after the RTT issues an Eviction Order, you must pay a fixed $75.00 CAD fee at Service New Brunswick for the Sheriff to physically execute the eviction.
Dealing with a tenant who violates their lease or stops paying rent is incredibly stressful. Whether you rent out a basement suite in Fredericton or manage a multi-unit apartment building in Moncton, an eviction is often the last resort. Fortunately, unlike some other Canadian provinces that charge hefty administrative costs just to open a file, New Brunswick makes the initial dispute resolution process financially accessible for property owners.
While the initial government application is free, an eviction can still cost you time and potentially legal fees if the situation becomes complicated. 📈 In this guide, we will break down the true costs associated with the eviction process in New Brunswick so you can prepare your budget and protect your real estate investment.
Step-by-Step Eviction Process in New Brunswick
Evicting someone is a strictly regulated legal procedure. You cannot simply change the locks or turn off the utilities. Following the correct steps laid out by the provincial Residential Tenancies Act is mandatory to ensure your eviction is legally valid.
Step 1: Serve the Proper Notice or Complaint
The first step is officially notifying the tenant of the lease violation. 📄 Under New Brunswick law, the type of document you must serve depends strictly on the issue. If the tenant has failed to pay rent, you must serve a formal Notice to Vacate. For other violations, such as property damage or rule breaches, you must first serve a Notice of Complaint giving the tenant a chance to correct the issue; if they fail to do so, you can apply to the Tribunal, and a Residential Tenancies Officer may issue a Notice to Quit. You must serve these documents directly to the tenant, place them in their mailbox, or post them clearly on their door.
Step 2: Wait for the Legal Grace Period
After receiving a notice for non-payment of rent, the tenant typically has 7 days to pay the full amount owed. If they pay within this window, the eviction notice is legally voided, and they are allowed to stay. If they fail to pay or fail to move out by the deadline specified on the notice, you can escalate the matter.
Step 3: Apply for Assistance to the RTT
If the tenant remains in the unit, you must submit an Application for Assistance to the Residential Tenancies Tribunal. ⚔ You can file this online or in person at any Service New Brunswick centre. You will need to provide copies of the lease, the eviction notice you served, and an updated rent ledger showing the missed payments.
Step 4: The RTT Investigation and Decision
A Residential Tenancies Officer will review your file and contact both parties. If the Officer determines you have valid grounds for eviction, they will issue an Eviction Order. This is a legally binding document that orders the tenant to vacate the premises by a specific date.
Step 5: Enforce the Eviction with the Sheriff
If the tenant ignores the Eviction Order, you cannot physically remove them yourself. 🚨 You must pay the mandatory fee at Service New Brunswick to have the Sheriff execute the Eviction Order. The Sheriff has the legal authority to change the locks and remove the tenant from the property, returning full control to you.
How Much Does it Cost in New Brunswick?
While the Tribunal’s services are free, enforcing an uncooperative tenant’s departure can incur costs. 💵 Here is a realistic breakdown of potential expenses (in CAD) during an eviction.
| Type of Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| RTT Application Fee | $0 (Free) | Filing an application for an Eviction Order with the Tribunal is completely free. |
| Sheriff Eviction Fee | $75.00 (Fixed) | The non-refundable fee due and payable at any Service New Brunswick centre to carry out an Eviction Order. No mileage charges apply. |
| Law Firm / Legal Consultation | $200 – $400 / hour | While not mandatory, hiring a lawyer is highly recommended for complex breach-of-lease disputes. |
| Locksmith Services | $100 – $250 | If the Sheriff removes the tenant, you will need a locksmith on-site to immediately change the locks. |
Keep in mind that your biggest expense is often the lost rental income while the process unfolds. Acting quickly and serving notices the day after rent is due is the best way to minimize your financial losses.
How Long Does the Process Take?
The entire process from serving the notice to regaining possession typically takes between 3 to 6 weeks in New Brunswick. ⏳ If the tenant is being evicted for non-payment of rent, the timeline is generally faster. However, if the eviction is for behavioral reasons and the tenant disputes the claim, the RTT investigation may add an extra week or two to the timeline.
Frequently Asked Questions (FAQ)
Do I need a lawyer to evict a tenant in New Brunswick?
No, you are not legally required to have a lawyer. The RTT process is designed to be accessible for everyday landlords. However, for complex situations or severe property damage, consulting a law firm is highly advisable.
Can I charge the tenant for the Sheriff’s fees?
Yes, if you incur the $75.00 fee to enforce an Eviction Order, you can generally pursue the tenant for those costs. You may be able to claim this money by applying to keep a portion of their security deposit held by Service New Brunswick.
Can I shut off the power to force the tenant out?
Absolutely not. Cutting off essential services like electricity, water, or heat is a severe violation of the Residential Tenancies Act. Doing this can result in the RTT heavily fining you and overturning the eviction.
What if the tenant leaves belongings behind after being evicted?
If the Sheriff removes the tenant but their goods remain, those items are considered “abandoned property.” You must contact your RTT Officer for instructions; usually, you must store the items safely for up to 30 days before disposing of them.
Is the $0 RTT fee guaranteed to stay free?
As of 2026, the province does not charge a filing fee for landlords or tenants to use the Tribunal. While government policies can change, New Brunswick has historically kept this service free to ensure fair access to justice for housing matters.
Leave a Reply