To evict a tenant for ‘Personal Use’ in New Brunswick, you must provide at least 2 months’ written notice for a month-to-month lease. You or your immediate family member must genuinely intend to occupy the unit. Evicting a tenant under false pretences to raise the rent can lead to severe financial penalties from the Residential Tenancies Tribunal.
There are many legitimate reasons a property owner in New Brunswick may need to reclaim their rental unit. You might be downsizing, wishing to move into your investment property in Fredericton, or perhaps you have an aging parent who needs to live in your ground-floor apartment in Saint John. The provincial Residential Tenancies Act allows landlords to terminate a tenancy for “personal use,” but this process is heavily regulated to protect tenants from unfair displacement.
It is vital to understand that this legal mechanism cannot be used as a convenient loophole to evict a low-paying tenant simply to re-list the apartment at a higher market rate. 🔍 The Residential Tenancies Tribunal (RTT) actively investigates bad faith evictions. If you are unsure whether your specific family situation qualifies under the Act, consulting with a local real estate lawyer before issuing any notices is a very wise investment.
Step-by-Step Process in New Brunswick
Reclaiming your property for personal use requires careful attention to timelines and proper documentation. A single mistake in your notice can render the entire eviction invalid, forcing you to start the process over from the beginning.
Step 1: Determine Eligibility and Lease Type
First, verify who is moving in. In New Brunswick, “personal use” is strictly limited to the landlord, the landlord’s spouse, their children, or their parents. You cannot evict a tenant so your cousin or best friend can move in. 👪 Secondly, review the current lease. If the tenant is on a fixed-term lease (e.g., a one-year contract), you generally cannot evict them for personal use until that specific term expires.
Step 2: Draft the Official Notice to Vacate
You must use the proper written format to notify the tenant. While Service New Brunswick (SNB) provides standard forms, any written notice must clearly state the exact date the tenancy will end and explicitly state that the reason is for the landlord or immediate family to occupy the premises. The notice must be personally signed and dated by the landlord.
Step 3: Serve the Notice with Proper Timing
For a standard month-to-month or year-to-year tenancy, New Brunswick law requires that you give the tenant a minimum of two full months’ notice before the anniversary date of the lease. 📅 You must serve this document legally, which usually means handing it directly to the tenant or posting it securely on their door while keeping a copy for your records.
Step 4: Handle Potential Disputes via the RTT
A tenant has the right to dispute a personal use eviction if they believe it is being done in bad faith. If they file an Application for Assistance with the RTT within 15 days of receiving your notice, a Tribunal Officer will intervene. You will be required to provide evidence of your genuine intent to move in, such as documents showing you sold your previous primary residence.
Step 5: Occupy the Property
Once the tenant vacates the property, it is absolutely crucial that you or your designated family member moves into the unit within a reasonable timeframe. 📬 You must treat the unit as your primary residence. Re-listing the unit on the rental market shortly after the tenant leaves is illegal and opens you up to severe compensation claims.
How Much Does it Cost in New Brunswick?
Serving a personal use notice is generally an administrative task with minimal direct costs, provided the tenant complies voluntarily.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| SNB Forms & Notice Delivery | $0 – $20 |
| Lawyer Consultation (To ensure compliance) | $200 – $400 |
| RTT Dispute Processing | Free |
| Penalty for “Bad Faith” Eviction | Up to several thousand dollars in tenant compensation |
Unlike some other Canadian provinces, New Brunswick landlords are generally not legally required to pay the tenant one month’s rent in compensation just for issuing a personal use notice, keeping costs lower. 💵
How Long Does the Process Take?
The standard mandatory waiting period is exactly 2 months for periodic tenancies. However, if the tenant is on a fixed-term lease that does not end for another 6 months, you must wait that entire 6-month period before the eviction can take place. If a dispute goes to the RTT, the hearing process may delay the move-out date by several weeks.
Frequently Asked Questions (FAQ)
Can I evict a tenant because I am selling the house?
Yes, but only if the person buying the property (the purchaser) genuinely intends to move in and use it as their personal residence. You cannot evict a tenant just to show an empty house to potential investors.
What happens if my plans change and I can’t move in?
If your circumstances genuinely change (e.g., sudden job loss or medical emergency) after the tenant leaves, you must be prepared to prove this to the RTT. If they rule it was bad faith, you may have to compensate the former tenant for their moving expenses.
Can I move my sibling into the rental unit?
No. Under New Brunswick tenancy laws, ‘immediate family’ for the purposes of eviction generally only includes your spouse, parents, or children. Siblings, aunts, and cousins do not qualify.
Does the tenant still have to pay rent during the notice period?
Yes. The tenant is legally obligated to pay their regular rent for the entire duration of the two-month notice period. If they stop paying, you can issue a faster 15-day notice for non-payment of rent.
Can the tenant leave earlier than the two months?
Generally, once a tenant receives a personal use eviction notice, they can choose to leave earlier by providing the landlord with proper written notice, allowing them to secure a new home faster.
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