In New Brunswick, evicting a tenant for severe rule violations, such as illegal activities, extreme noise, or major property damage, requires serving a written complaint (Notice of Complaint). If the tenant fails to comply, the landlord must apply to the Residential Tenancies Tribunal (RTT) for an official Notice to Quit. All disputes and enforcement must be handled through the RTT.
Managing rental properties in New Brunswick can be a rewarding investment, but dealing with a destructive or severely disruptive tenant is incredibly stressful. Whether your property is a historic home in Fredericton, a modern condo in downtown Moncton, or a duplex in Saint John, you have a legal right to protect your investment and the peaceful enjoyment of other residents. The provincial Residential Tenancies Act clearly outlines the grounds for an expedited eviction.
Many landlords mistakenly believe they can simply change the locks or remove a problem tenant’s belongings if a major violation occurs. 🔒 This is entirely illegal in Canada and can result in severe financial penalties against the landlord. Evicting someone for an indictable offence or serious safety threat requires strict adherence to legal procedure. If you are facing a dangerous situation or a complex dispute, it is highly recommended to seek advice from a local law firm to navigate the Residential Tenancies Tribunal process safely.
Step-by-Step Process in New Brunswick
Evicting a tenant for cause is a formal legal process. The Residential Tenancies Tribunal (often referred to locally as the Rentalsman) acts as the neutral judge in these matters. You must build a strong case and follow these exact steps to legally regain possession of your property.
Step 1: Document the Severe Violations
Before issuing any notices, you must gather undeniable proof of the tenant’s behaviour. If the issue involves an illegal act or a severe threat to safety, immediately call the local police and obtain a police report number. 📸 For noise complaints or property damage, collect written statements from neighbouring tenants, take date-stamped photographs, and keep a detailed log of all incidents. This evidence is critical if the tenant disputes the eviction.
Step 2: Serve a Written Complaint (Notice of Complaint)
Once you have evidence, you must formally serve the tenant with an official written complaint (Notice of Complaint) under Section 5(1) of the Act. The tenant has a specified timeframe to fix the issue-immediately for noise or conduct issues, and within 7 days for other lease violations (such as unauthorized pets or property damage). Unlike non-payment of rent, a landlord cannot directly issue a Notice to Vacate for rule violations.
Step 3: Submit an Application for Assistance to the RTT
If the tenant fails to correct the violation within the allowed time, you cannot evict them yourself. Instead, you must immediately file an ‘Application for Assistance’ with the Residential Tenancies Tribunal. 💼 You will submit your copy of the written complaint and all gathered evidence to a Residential Tenancies Officer to request an official investigation and the issuance of a Notice to Quit under Section 5(4) or 5.1 of the Act.
Step 4: Participate in the Tribunal Investigation
The Tribunal Officer will contact both you and the tenant. In cases of severe violations, these investigations are often expedited. You must clearly present your evidence showing that the tenant breached the Residential Tenancies Act. If the Officer rules in your favour, they will issue a formal Eviction Order legally compelling the tenant to vacate the premises by a specific date.
Step 5: Enforce the Eviction Order via the Sheriff
In the rare event that the tenant still refuses to leave after the RTT issues an Eviction Order, you must take that order to the local Sheriff’s Office. 👮 Only the Sheriff has the legal authority to physically remove a tenant and their belongings from a New Brunswick property. You must schedule the eviction with the Sheriff and pay the required enforcement fees.
How Much Does it Cost in New Brunswick?
While dealing with the provincial government Tribunal is free, enforcing an eviction and hiring legal representation will incur costs.
| Service / Requirement | Estimated Cost (CAD) |
|---|---|
| RTT Application for Assistance | $0 (Free) |
| Lawyer Consultation & Representation | $800 – $2,500+ |
| Sheriff Enforcement Fee | $75.00 (flat fee) |
| Changing Locks (Post-Eviction) | $50 – $150 per door |
Keep in mind that you may also face substantial costs for cleaning and repairing the rental unit after a destructive tenant is finally removed. 💰
How Long Does the Process Take?
If a tenant complies with the Notice of Complaint or agrees to move out voluntarily, the process can resolve quickly. However, if they dispute the claim or refuse to comply, the RTT investigation to obtain a Notice to Quit can take 1 to 3 weeks. If you have to wait for the Sheriff to execute a subsequent Eviction Order, you should expect an additional delay of 1 to 2 weeks depending on their current backlog in cities like Moncton or Saint John.
Frequently Asked Questions (FAQ)
Can I evict a tenant during the winter in New Brunswick?
Yes. Contrary to popular belief, there is no ‘winter eviction ban’ in New Brunswick. If a tenant commits a major rule violation or fails to pay rent, you can legally pursue an eviction during any month of the year.
Can I shut off their electricity to force them out?
Absolutely not. Shutting off vital utilities, changing locks, or removing doors are considered illegal ‘self-help’ evictions. The RTT will heavily fine any landlord who attempts these tactics.
What happens to the tenant’s belongings if they are evicted?
If the Sheriff executes the eviction, the tenant’s belongings are usually placed outside the property line. If the tenant simply abandons the property leaving items behind, you must follow strict RTT guidelines regarding storing or disposing of abandoned property.
Do I still get my unpaid rent if I evict them?
Evicting the tenant recovers your property, but it does not automatically force them to pay owed money. You must file a separate claim with the RTT against their security deposit, and if that does not cover the debt, pursue them in Small Claims Court.
Can a lawyer speed up the RTT process?
While a lawyer cannot bypass the government’s mandatory waiting periods, having a law firm prepare your notices and evidence ensures there are no procedural errors, which is the most common reason evictions get delayed or dismissed by the Tribunal.
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