To legally start the eviction process for unpaid rent in New Brunswick, you must serve the tenant with a written Notice to Vacate. By law, the tenant is granted 7 days to pay the arrears in full to void the notice, or they must leave the property within 15 days.
Being a property owner in New Brunswick comes with steady financial responsibilities, from paying property taxes in Bathurst to managing building insurance in Dieppe. When a tenant fails to pay their rent, it creates an immediate disruption to your cash flow.
While it is frustrating when rent does not arrive on the first of the month, landlords must strictly follow provincial laws to regain possession of their property. Sending an angry text message does not count as a legal eviction. You must properly serve an official Notice to Vacate to ensure your actions are supported by the Residential Tenancies Tribunal (RTT). 📝
Step-by-Step Process for Serving Notice in New Brunswick
Evicting a tenant is a highly regulated process. Any misstep in how you handle the paperwork can result in the RTT throwing out your case, forcing you to start the entire timeline over. Here is how landlords generally proceed.
Step 1: Confirming the Rent is Officially Late
Before you draft any paperwork, ensure the rent is actually past due. If rent is due on the 1st of the month, the tenant has until midnight on the 1st to pay.
You can legally serve a Notice to Vacate the very next day-the 2nd of the month. There is no legal requirement in New Brunswick to wait five or ten days before issuing a notice for unpaid rent.
Step 2: Preparing the Proper Written Notice
You cannot use a generic letter downloaded from the internet. You should use the formal documentation guidelines provided by the province. The notice must clearly state the tenant’s name, the rental property address, the exact amount of rent owed, and the date the notice is issued. 💼
Crucially, the notice must outline the tenant’s legal rights: they have 7 days to pay the total amount owed to cancel the notice, and if they fail to do so, they must vacate the premises within 15 days of receiving the document.
Step 3: Serving the Document Legally
How you deliver the notice is just as important as what it says. In New Brunswick, you must serve the notice using approved methods. The best approach is personal delivery-handing it directly to the tenant or an adult living in the unit.
If they are avoiding you, you can send it via Registered Mail through Canada Post. Do not simply slide it under the door or leave it in a standard mailbox, as the tenant can easily claim they never received it, which will stall your eviction process.
Step 4: Documenting the Service
Always keep a pristine copy of the Notice to Vacate for your own corporate minute book or landlord files. 🗃
If you served it in person, record the exact date and time, and ideally, have a witness present. If you used Registered Mail, keep the Canada Post tracking receipt. You will absolutely need this evidence if the tenant refuses to leave and you must apply to the RTT for a formal Eviction Order.
How Much Does it Cost in New Brunswick?
Initiating the eviction process for unpaid rent is generally low-cost from an administrative standpoint, but professional help can incur fees.
| Service / Task | Estimated Cost (CAD) | Description |
|---|---|---|
| Drafting the Notice | Free ($0) | Landlords can prepare and serve the written Notice to Vacate themselves at no cost. |
| Registered Mail | $12 – $20 | Cost of sending the notice via Canada Post to ensure you have a legal tracking receipt. |
| Hiring a Corporate Lawyer | $200 – $500 | Optional. Many property management companies hire a law firm to handle difficult tenants. |
- Late Fees: You can only demand late fees if there is a specific clause outlining them in your initial signed lease agreement. The RTT requires late fees to be reasonable and not punitive.
- Withholding Services: It costs you nothing to follow the law, but illegally shutting off utilities to force a tenant out can result in the RTT fining you heavily and ordering you to pay the tenant’s hotel costs.
How Long Does the Process Take?
The eviction timeline in New Brunswick is relatively swift compared to other regions in Canada.
Once you legally serve the Notice to Vacate, the tenant has 7 consecutive days to pay the rent in full. If they do not pay by the end of day 7, the notice stands, and they must move out within 15 days of the date they received the notice. If they are still in the unit on day 16, you will need to apply to the RTT for an Eviction Order, which usually adds an extra 1 to 3 weeks to the total timeline.
Frequently Asked Questions (FAQ)
Can I serve a Notice to Vacate via email or text message?
Generally, text messages and standard emails are not considered secure legal service for an eviction notice in New Brunswick unless explicitly agreed upon in writing beforehand. Personal delivery or registered mail are the safest legally recognized methods.
What happens if the tenant pays only half of what they owe?
If the tenant makes a partial payment within the 7-day window, you can accept the money, but the Notice to Vacate remains valid. The tenant must pay the exact full balance owed within 7 days to legally cancel the eviction notice.
Can I just change the locks after the 15 days are up?
Absolutely not. “Self-help” evictions are strictly illegal in Canada. If the tenant refuses to leave after 15 days, you must apply to the RTT for an Eviction Order and have a provincial Sheriff perform the lock change.
Do I have to give them 30 days notice?
Not for unpaid rent. While lease terminations for other reasons may require one to three months’ notice, unpaid rent triggers the fast-tracked 15-day Notice to Vacate under the Residential Tenancies Act.
What if the tenant avoids me so I can’t serve the notice?
If the tenant is actively hiding, you can send the notice via Registered Mail. The legal clock starts when the notice is delivered or when Canada Post leaves a delivery attempt slip at the unit.
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