If a tenant causes extensive, deliberate damage to your rental property in New Brunswick, you can serve them with a 5-Day Notice to Vacate. If they refuse to leave, you must apply to the Residential Tenancies Tribunal (RTT) for an expedited Eviction Order to safely regain possession of your property.
Owning rental real estate in New Brunswick is a solid investment, but it comes with risks. Whether you rent out a basement suite in Dieppe, an entire family home in Edmundston, or a duplex in Saint John, discovering that a tenant is destroying your property is a landlord’s worst nightmare.
While everyday wear and tear is expected, intentional vandalism or severe neglect that threatens the building’s safety crosses a legal line. New Brunswick law allows landlords to act swiftly in these emergencies to prevent further financial loss. Understanding the correct steps to document the damage and secure a fast eviction is critical. 📍
Step-by-Step Process in New Brunswick
You cannot simply change the locks, even if a tenant smashes a window or damages the plumbing. “Self-help” evictions are strictly illegal. Here is the formal procedure to evict a tenant for significant damage.
Step 1: Safely Document the Damage
Before making any legal moves, you need rock-solid proof. If you are legally inside the unit for an inspection, take clear, date-stamped photographs and videos of every broken item.
Compare these new photos to your initial move-in condition report. If the damage involves electrical tampering or a flooded basement, you may also want to get a written estimate from a licensed contractor. This independent report proves to the RTT that the damage is severe and costly.
Step 2: Serving the 5-Day Notice to Vacate
Under the New Brunswick Residential Tenancies Act, if a tenant’s conduct causes serious damage or creates a massive safety hazard, you do not have to give them 30 days’ notice. You can issue a specialized Notice to Vacate giving them only 5 days to leave. 📝
You must fill out the official provincial form accurately, clearly describing the damage caused. Serve this document to the tenant in person or via registered mail. Keep a detailed record of exactly when and how the notice was delivered.
Step 3: Applying for an RTT Eviction Order
Often, a tenant who trashes an apartment will ignore a Notice to Vacate. If the 5 days pass and they are still in the unit, immediately contact the Residential Tenancies Tribunal (RTT).
Submit your application along with all your photographic evidence, contractor quotes, and proof that the notice was served. Because extreme property damage creates an ongoing risk to the building, the RTT typically fast-tracks these hearings to protect the property.
Step 4: Executing the Eviction and Claiming Deposits
Once the RTT issues the final Eviction Order, you must take it to the provincial Sheriff’s Office. Only a Sheriff can physically remove the tenant and hand the keys back to you. 👮
After you have secured the property, you have exactly 7 days to apply to Service New Brunswick (SNB) to claim the tenant’s security deposit. This money will go toward covering your repair costs, though in severe cases, it rarely covers the full bill.
How Much Does it Cost in New Brunswick?
Evicting a destructive tenant is generally more about minimizing your losses than paying government fees. As of April 2026, here is a breakdown of the typical costs involved.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| RTT Dispute Filing | Free ($0) | The provincial government does not charge landlords to apply for an Eviction Order. |
| Sheriff Enforcement Fee | $100 – $250+ | Mandatory fee paid to the Sheriff to physically execute the eviction and change locks. |
| Contractor Repairs | Variable ($500 – $10,000+) | Out-of-pocket costs to fix drywall, replace appliances, or repair plumbing. |
| Lawyer / Paralegal Fees | $300 – $800 | Optional. Hiring legal help to ensure forms are perfect and hearings go smoothly. |
- Small Claims Court: If the damage is $5,000 but the security deposit held by SNB is only $1,000, you will be short $4,000. You will need to sue the former tenant in New Brunswick Small Claims Court to get a judgment for the remaining debt.
- Insurance Deductibles: Check your landlord insurance policy. Often, paying your $1,000 deductible is the most cost-effective way to repair malicious damage.
How Long Does the Process Take?
Because property damage poses an immediate threat to your investment, the timeline is faster than a standard eviction.
The initial Notice to Vacate requires a 5-day waiting period. If they do not leave, RTT processing and a hearing for severe damage are usually expedited, taking about 1 to 2 weeks. Once the order is issued, the Sheriff generally schedules the physical eviction within 3 to 5 days. While the legal process can be wrapped up in under a month, repairing the physical unit can take several weeks before it is ready for a new renter.
Frequently Asked Questions (FAQ)
What is the difference between “wear and tear” and damage?
Normal wear and tear includes faded paint, small scuffs on the floor, or slightly worn carpets from walking. Actual damage includes smashed windows, punched holes in drywall, torn carpets, or deliberate vandalism. You can only evict for the latter.
Do I have to give them a chance to fix the damage first?
If the damage is relatively minor, it is good practice (and sometimes required by the RTT) to issue a formal request for them to repair it. However, if the damage is severe, intentional, or compromises building safety, you can proceed directly to the 5-day Notice to Vacate.
Can I just keep their security deposit myself?
No. In New Brunswick, security deposits must be submitted to and held by Service New Brunswick (SNB). You must file a formal claim with the RTT within 7 days of the tenancy ending to have those funds released to you.
What if their pet caused the damage?
Damage is damage, regardless of whether the tenant or their pet caused it. The tenant is fully legally and financially responsible for repairing chewed baseboards, scratched doors, or ruined flooring caused by their animals.
Will the police help me evict them if they are destroying the place?
If the tenant is actively engaged in criminal mischief, violence, or actively smashing the building in front of you, call 911 immediately. However, for a standard eviction process based on past damage, the police will classify it as a civil matter; you must use the RTT and the Sheriff.
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