If you receive a Notice to Vacate for non-payment of rent in New Brunswick, you have exactly 7 days to pay the full arrears and automatically void the notice. If you receive a 15-day Final Notice to Vacate, paying the debt will not cancel the eviction, and you must file an Application for Assistance with the Residential Tenancies Tribunal (RTT) to dispute it.
Finding an eviction notice taped to your door is a terrifying experience for any renter. In New Brunswick, whether you are renting a small basement suite in Miramichi, a family home in Moncton, or a high-rise apartment in Fredericton, you have specific legal rights. A notice from your landlord is simply the first step in a legal process; it is not a final court order forcing you onto the street.
Many tenants panic and simply abandon their homes, believing they have no power to fight back against a property management company. 🚩 This is exactly what unethical landlords hope for. The provincial Residential Tenancies Act guarantees you the right to dispute unfair, retaliatory, or inaccurate eviction notices trialled through the Rentalsman. If you believe your rights are being violated, connecting with a local non-profit legal clinic, tenant support program, or a private lawyer can help you prepare your defence.
Step-by-Step Process in New Brunswick
Time is of the essence when dealing with a 15-day notice, which is typically issued for unpaid rent or moderate lease violations. Ignoring the notice will result in you losing your right to dispute it. Follow these steps immediately to protect your housing.
Step 1: Read the Notice Carefully
Do not throw the paper away. Read it thoroughly to understand exactly why the landlord is trying to evict you. Check the dates carefully. In New Brunswick, if you are late on rent, rent is considered late the day after it is due, and a landlord can legally issue a primary Notice to Vacate the very next day. 🔍
Step 2: Correct the Breach (Within 7 Days)
If you receive a primary Notice to Vacate for unpaid rent, you have a strict 7-day grace period to pay the full arrears. If you pay the total amount owed within this 7-day window, the notice is legally voided and you cannot be evicted. However, if you fail to pay within 7 days and are subsequently served a 15-day Final Notice to Vacate, paying the rent will no longer void the eviction, and the landlord can legally force you to move out.
Step 3: File an Application for Assistance
If you disagree with the reasons stated in the notice, or if the landlord is acting unfairly, you must contact Service New Brunswick (SNB) immediately. You need to submit an ‘Application for Assistance’ to the Residential Tenancies Tribunal. 📝 You must file this application as soon as possible to pause the process and request a formal review by a Residential Tenancies Officer.
Step 4: Continue Paying Your Regular Rent
One of the biggest mistakes tenants make is stopping their rent payments out of anger while disputing an eviction. This will destroy your case. You must continue to pay your rent on time, or pay it directly to the Rentalsman in trust if ordered to do so. Failing to pay rent gives the landlord unshakeable grounds to evict you.
Step 5: Attend the RTT Investigation
A Tribunal Officer will be assigned to your case and will mediate between you and your landlord. Be prepared to present your evidence, such as bank statements proving rent was paid, text messages, or photos showing the landlord refused to do maintenance. 🗂 The Officer will make a final, legally binding decision on whether the tenancy will continue or if you must vacate.
How Much Does it Cost in New Brunswick?
Defending yourself against an eviction notice is designed to be accessible to all tenants, regardless of income level.
| Action / Service | Estimated Cost (CAD) |
|---|---|
| Filing an Application for Assistance | $0 (Completely Free) |
| Legal Aid Assistance | Not covered by provincial Legal Aid (NBLASC); free help is only via non-profit clinics |
| Private Lawyer Consultation | $150 – $400 |
| Paying Overdue Rent to Void Notice | Whatever exact amount is owed |
Remember, your landlord cannot charge you ‘late fees’ or ‘administrative penalties’ for falling behind on rent unless those exact fees were specifically written and agreed upon in your original Standard Form of Lease. 💵
How Long Does the Process Take?
You must act quickly: you only have 7 days from receiving a primary Notice to Vacate to pay your arrears and void it. If you receive a 15-day Final Notice to Vacate and file an Application for Assistance with the RTT, the eviction is paused during the review. The investigation and mediation process generally takes anywhere from 1 to 3 weeks.
Frequently Asked Questions (FAQ)
Can the landlord throw my belongings on the street?
No. A landlord cannot personally remove you or your belongings. Even if you lose your dispute at the RTT, only the provincial Sheriff has the legal authority to physically enforce an Eviction Order in New Brunswick.
What if the notice was only sent via text message?
A text message is not a legally valid eviction notice. A landlord must provide a proper, formal written notice (ideally the official SNB form) with a signature, date, and specific reasons for the eviction.
Can I be evicted for complaining about repairs?
No. Retaliatory evictions are illegal. If you receive a notice shortly after asking for essential repairs or reporting the landlord for health and safety violations, the RTT will likely dismiss the landlord’s eviction attempt.
What happens if I move out before the 15 days are up?
If you choose to leave voluntarily within the 15 days, you must return the keys to the landlord. However, you are still legally responsible for paying any unpaid rent or damages you caused during your tenancy.
Can the landlord change the locks while I am at work?
Absolutely not. This is an illegal lockout. If your landlord changes your locks without a Sheriff present under an official order, call the Residential Tenancies Tribunal immediately; they can order the landlord to let you back in.
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