If a tenant ignores a formal Notice to Vacate in New Brunswick, you cannot physically remove them yourself. You must apply to the Residential Tenancies Tribunal (RTT) for an official Eviction Order, which is then legally enforced by a provincial Sheriff who will handle the lawful removal.
Dealing with a tenant who refuses to vacate is a landlord’s worst nightmare. Whether you own a multi-unit complex in Fredericton, a duplex in Moncton, or a single-family rental in Oromocto, an overstaying tenant blocks you from preparing the property for a reliable, paying renter.
When the 15-day deadline on a Notice to Vacate comes and goes with the tenant still occupying the property, frustrations run high. However, landlords must resist the urge to take matters into their own hands. Following the proper legal escalation through the provincial government is the only way to successfully regain possession without facing massive lawsuits. 📍
Step-by-Step Process for Lawful Eviction in New Brunswick
Once the initial notice period expires, the matter moves from a private dispute into a government-regulated enforcement process. Here is the general procedure for securing your property.
Step 1: Wait for the Notice Period to Expire
You cannot escalate the issue while the tenant’s legal timeframe is still active. If you issued a Notice to Vacate for unpaid rent, you must wait until the full 15 days have passed.
Visit the property on day 16. If the tenant’s belongings are still there and they have not handed over the keys, you officially have an overstaying tenant, and it is time to involve the Residential Tenancies Tribunal (RTT).
Step 2: Apply to the RTT for an Eviction Order
You must immediately contact the RTT and apply for an Eviction Order. You will need to provide the Officer with proof of the original Notice to Vacate, including the date it was served and a ledger showing the unpaid rent. 💼
The RTT Officer will review the file to ensure you followed all provincial laws regarding service and timelines. If your paperwork is in order, the tribunal will issue a legally binding Eviction Order demanding the tenant vacate.
Step 3: Engaging the Provincial Sheriff
The RTT does not physically remove tenants; they simply provide the legal authorization. Once you have the Eviction Order in hand, you must take it to the Sheriff’s Office.
In New Brunswick, only a designated Sheriff or Deputy Sheriff has the legal authority to enforce an eviction. They will schedule a date and time to visit the property, physically remove the tenant if necessary, and officially return possession to you.
Step 4: Securing the Property and Belongings
On the day of the eviction, it is highly recommended to have a locksmith present alongside the Sheriff to change all the locks immediately. 🔒
If the tenant leaves behind furniture, clothing, or electronics, you cannot instantly throw them in the dumpster. New Brunswick law outlines specific rules for storing a tenant’s abandoned property, which usually involves taking an inventory and storing the items safely for a set number of days before disposing of them.
How Much Does it Cost in New Brunswick?
Escalating an eviction to the enforcement stage does come with additional costs, but these are necessary expenses to lawfully recover your real estate investment.
| Service / Expense | Estimated Cost (CAD) | Description |
|---|---|---|
| RTT Eviction Order Filing | Free ($0) | There is currently no application fee to request an Eviction Order from the RTT. |
| Sheriff Execution Fees | $100 – $250+ | The Sheriff charges a fee for mileage and time to legally enforce the Eviction Order. |
| Locksmith & Storage | $150 – $400 | Changing the locks immediately and potential costs for storing abandoned property. |
| Hiring a Law Firm | $500 – $1,500 | Optional. Hiring a lawyer to represent you at RTT hearings if the tenant fiercely contests the eviction. |
- Recouping Costs: If the tenant owes you thousands in back rent and Sheriff fees, you can later pursue them in New Brunswick Small Claims Court, provided the debt is under $20,000 CAD.
- Security Deposit: You must still formally apply to Service New Brunswick (SNB) within 7 days of gaining possession to claim the security deposit to cover damages or unpaid rent.
How Long Does the Process Take?
Once the initial 15-day notice period expires, patience is required as you navigate government bureaucracy.
Applying to the RTT and having an Officer review your case and issue an Eviction Order typically takes 1 to 2 weeks, depending on the current backlog. Once the order is issued and delivered to the Sheriff, scheduling the physical eviction can take an additional 3 to 7 days. Altogether, from the day rent was missed to the day the Sheriff hands you the new keys, a contested eviction generally takes 4 to 6 weeks in New Brunswick.
Frequently Asked Questions (FAQ)
Can I turn off the power to force them to leave?
Absolutely not. Shutting off essential utilities like water or electricity is illegal in New Brunswick. The RTT can heavily fine you for doing this, and it may delay your Eviction Order.
What if the tenant refuses to open the door for the Sheriff?
The Sheriff has the legal authority to bypass the locks and enter the premises forcibly if necessary to execute an Eviction Order. This is why having a locksmith on standby is crucial.
Do I have to store their abandoned furniture?
Yes, under the Residential Tenancies Act, if a tenant leaves property behind, you must normally inventory the items and store them in a secure place. The RTT provides specific guidelines on how long you must hold the items before you can sell or discard them.
Can the tenant appeal an Eviction Order?
If the tenant believes the RTT Officer made a severe legal error, they can attempt to appeal to the Court of King’s Bench. However, appeals are complex, require a lawyer, and are rarely successful if it is a straightforward case of unpaid rent.
Can I call the local police instead of the Sheriff?
Local police forces (such as the RCMP or municipal police) do not handle residential evictions; they consider it a civil matter. Only the provincial Sheriff’s Office is authorized to execute civil Eviction Orders.
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