In New Brunswick, landlords cannot physically evict a tenant or change the locks themselves. If a tenant refuses to leave after the Residential Tenancies Tribunal (RTT) issues an Eviction Order, you must hire the provincial Sheriff’s Office to execute the warrant and lawfully remove the occupants.
Successfully navigating the Residential Tenancies Tribunal (RTT) to get an eviction order is only half the battle. Often, when a tenant is facing eviction in cities like Moncton, Dieppe, or Bathurst, they will pack up and leave by the deadline ordered by the Tribunal. However, some tenants simply refuse to vacate, even when the official legal deadline has passed.
When a tenant digs in their heels, emotions can run high. ⚠️ Many property owners are tempted to take matters into their own hands by shutting off the power, moving the tenant’s belongings onto the lawn, or changing the locks while the tenant is at work. Doing so is a severe violation of the Residential Tenancies Act. In New Brunswick, only a designated Sheriff has the legal authority to physically enforce an eviction. Here is how you properly engage their services.
Step-by-Step Process in New Brunswick
Using a Sheriff ensures the eviction is handled safely, legally, and without exposing you to lawsuits for property damage or illegal lockouts. The process is highly procedural and requires strict adherence to the rules.
Step 1: Obtain an Eviction Order
Before you can even speak to a Sheriff, you must have a valid Eviction Order (Form 9) issued by a Residential Tenancies Officer. 📄 This document is the official ruling under the Residential Tenancies Act that terminates the tenancy and legally requires the tenant to surrender the property back to you by a specific date and time.
Step 2: Wait for the Deadline to Pass
You must wait until the exact date and time specified on the Eviction Order has expired. If the order states the tenant must be out by 11:59 PM on Tuesday, the Sheriff will not intervene on Tuesday afternoon. Once the deadline passes and you confirm the tenant is still inside, you can take action.
Step 3: Take the Order to the Sheriff’s Office
Locate the nearest regional Sheriff’s Office in your part of New Brunswick. 👮♂️ You will need to provide them with the original or a certified true copy of the RTT’s Eviction Order. You will also need to fill out their intake forms, providing details about the property, the tenant, and any known safety risks (such as a history of violence or large dogs on the premises).
Step 4: Pay the Sheriff Eviction Fee
Unlike the RTT, which is a free service, the Sheriff’s Office charges a non-refundable, flat fee of exactly $75.00 CAD to execute an Eviction Order. 💳 You must pay this fee upfront at any Service New Brunswick (SNB) centre before the Sheriff will schedule the intervention. There are no additional administrative or mileage fees for a residential eviction. Keep your receipt, as you may be able to claim this cost back from the tenant’s security deposit later.
Step 5: Coordinate with a Locksmith
The Sheriff’s job is to remove the people, not to secure the building for you. 🔒 When the Sheriff schedules the eviction date, you must arrange for a professional locksmith to arrive at the exact same time. Once the Sheriff clears the unit, the locksmith will immediately change the locks, officially returning safe possession of the property to you.
How Much Does it Cost in New Brunswick?
Enforcing an eviction involves a few mandatory out-of-pocket expenses. 💵 Here is a look at what you can expect to pay in Canadian dollars.
| Type of Expense | Estimated Cost (CAD) | What is Included |
|---|---|---|
| RTT Eviction Order | $0 (Free) | The legal document required to authorize the Sheriff. |
| Sheriff Eviction Fee | $75.00 CAD | A flat, non-refundable fee paid at Service New Brunswick to execute the Eviction Order. |
| Locksmith Services | $100 – $250 | Emergency lock replacement or re-keying the property immediately after the eviction. |
| Junk Removal | Varies ($200+) | If the tenant leaves a mess behind, you may need to hire a team to clear out abandoned goods. |
While hiring a Sheriff adds to your expenses, it is significantly cheaper than the fines you would face for conducting an illegal eviction yourself.
How Long Does the Process Take?
The timeline for Sheriff enforcement depends entirely on the local workload of the Sheriff’s Office in your region. ⏳ Once you pay the fees and submit the Eviction Order, the Sheriff usually schedules the physical eviction within 3 to 10 business days. They generally serve a final courtesy warning to the tenant beforehand, letting them know the exact day they will arrive to force them out.
Frequently Asked Questions (FAQ)
Can I just change the locks if I have an Eviction Order?
No. Even with a valid RTT Eviction Order, it is illegal for a landlord to personally lock out a tenant. You must use the Sheriff. Changing the locks yourself can result in the RTT forcing you to let the tenant back in and fining you heavily.
Will the local RCMP or city police help me evict the tenant?
Generally, no. Local police treat residential evictions as civil matters, not criminal ones. They will usually refuse to intervene unless there is an immediate threat of violence. Only the provincial Sheriff has the mandate to execute civil eviction orders.
What happens to the tenant’s belongings if the Sheriff removes them?
If the Sheriff removes the tenant but their furniture and clothing remain inside, those items become “abandoned property.” You cannot just throw them away. You must contact the RTT for instructions, which usually involves storing the items safely for up to 30 days.
Can I recover the Sheriff fees from the tenant?
Yes. You can apply to Service New Brunswick (SNB) to deduct your out-of-pocket Sheriff and locksmith expenses from the tenant’s security deposit. If the deposit is insufficient, you can sue the tenant in Small Claims Court for the remainder.
Do I need a lawyer to hire the Sheriff?
No, you do not need a lawyer to use the Sheriff’s services. As long as you have the official Eviction Order from the RTT and the required identification, you can easily file the request yourself at the local Sheriff’s office.
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