Evicting Tenants: New Brunswick Guide

How to Evict a Tenant in New Brunswick, Canada

Evicting a tenant in New Brunswick, Canada, is a legal proceeding that involves several steps and requirements. Here's an overview of the process:

1. Notice to End Tenancy: The landlord must provide the tenant with a proper form indicating the reason for eviction and the required notice period, which depends on the reason. For example, for non-payment of rent, 14 days' notice is required, while for property damage, 24 hours' notice may be given.

2. File for Eviction: If the tenant doesn't leave by the specified date, the landlord can file an application for eviction with the Residential Tenancies Branch.

3. Hearing: A hearing will be scheduled, where both the landlord and tenant can present their cases.

4. Eviction Order: If the eviction is approved, the Residential Tenancies Branch will issue an Eviction Order.

5. Enforcement: The sheriff will serve the Eviction Order and help remove the tenant from the property if necessary.

It's important to follow these steps correctly and ensure all the required documentation is in order to avoid a lengthy and expensive legal battle. Additionally, landlords should be aware of their tenants' rights and ensure that the eviction is carried out fairly and lawfully.

Reasons for eviction

In New Brunswick, Canada, there are several reasons a landlord can legally evict a tenant. The most common reason for eviction is the tenant's failure to pay rent. In such cases, landlords must serve the tenant with a Notice to Vacate, which gives them 7 days to pay what they owe. If the tenant does not pay within this timeframe, the landlord can issue a Final Notice to Vacate, which requires the tenant to vacate the property within 15 days. For mobile home sites, tenants must receive 3 Notices to Vacate before a Final Notice to Vacate can be issued.

Another reason for eviction is the tenant's failure to move out by the date specified in the Notice of Termination. This notice is provided when either the landlord or tenant decides to end the lease agreement. If the tenant remains on the property past the specified date, the landlord can initiate eviction proceedings.

Tenants can also be evicted for disruptive behaviour, damaging the property, or engaging in illegal activities on the premises. In these cases, the landlord can issue a Notice to Quit, which requires the tenant to vacate the property by a specified date. The amount of notice given will depend on the reason for eviction; for instance, tenants causing damage to the property may be given as little as 24 hours' notice.

Finally, tenants can be evicted if they remain on the property after the end of a fixed-term lease without the landlord's permission to continue renting.

Notice period for eviction

The notice period for eviction in New Brunswick, Canada, depends on the reason for eviction. Here is a detailed overview:

Notice to Vacate

If a tenant fails to pay rent, the landlord can issue a Notice to Vacate, which will include the amount of rent owed and inform the tenant that they have 7 days to pay the outstanding amount. If the tenant pays the rent owed within this timeframe, they will not be required to vacate the rental unit. However, if the tenant does not pay the rent by the specified date, the landlord can proceed with the eviction process.

Final Notice to Vacate

If a tenant fails to pay rent again and has previously received a Notice to Vacate, the landlord can issue a Final Notice to Vacate. This notice no longer offers the option to pay the rent to avoid vacating. The Final Notice to Vacate will include the amount of rent owed and specify a date for the tenant to vacate, which must be at least 15 days from the date of the notice.

Notice of Termination

If a landlord or tenant wishes to terminate a lease agreement, they must provide written notice, known as a Notice of Termination, to the other party. The notice period depends on the type of lease:

• For a week-to-week tenancy, the notice must be given at least one week before the end of the week in which the tenancy is to be terminated.
• For a month-to-month tenancy, the notice must be given at least one month before the end of the month in which the tenancy is to be terminated.
• For a fixed-term lease, the notice period is typically three months before the end of the lease.

Notice to Quit

If a tenant does not vacate the rental unit by the date specified in the Notice of Termination, the landlord can proceed with the next steps in the eviction process, which includes applying for an eviction through the Tenant and Landlord Office and attending a hearing where both parties can present their case.

Other Reasons for Eviction

In addition to non-payment of rent, there are other reasons for which a tenant can be evicted, such as causing damage to the property, disruptive behaviour, or engaging in illegal activities on the premises. The notice period for these reasons can vary. For example, for causing damage to the property, the tenant may be given as little as 24 hours' notice, while for non-payment of rent, the notice period is typically 14 days.

Eviction process

The eviction process in New Brunswick, Canada, involves several steps and can typically be completed within 3 to 6 days. Here is a detailed outline of the process:

• Notice to End Tenancy: The landlord must first provide the tenant with a proper form indicating the reason for eviction and giving the required amount of notice as per provincial law. The amount of notice varies depending on the reason for eviction. For example, in the case of non-payment of rent, 14 days' notice is required, while for damage to property, 24 hours' notice may be given.
• File for Eviction: If the tenant does not vacate the premises by the specified date, the landlord can file an application for eviction with the Residential Tenancies Branch.
• Hearing: A hearing will be scheduled, during which both the landlord and tenant will have the opportunity to present their cases.
• Eviction Order: If the eviction is approved, the Residential Tenancies Branch will issue an Eviction Order.
• Service of Eviction Order: The sheriff will serve the Eviction Order on the tenant and, if necessary, assist in removing them from the property.

It is important to note that only a Residential Tenancies Officer or a Judge of the Court of King's Bench of New Brunswick has the authority to evict a tenant. Additionally, landlords must follow the correct procedures and provide the required documentation to avoid legal complications.

Reasons for Eviction:

Tenants can be evicted for various reasons, including:

• Non-payment of rent
• Causing damage to the property
• Disruptive or disorderly behaviour
• Engaging in illegal activity on the premises
• Failing to vacate at the end of a fixed-term lease

Tenant rights

New Brunswick has the fewest protections for tenants compared to anywhere else in Canada. There are no rent controls, no eviction prevention programs, no landlord licensing requirements, and tenants have no right to maintain occupancy at the end of a lease agreement. However, tenants do have some rights and protections.

Discrimination

When renting in New Brunswick, discrimination is not allowed.

Financial Support

Tenants who are behind on their rent, utilities, or rental deposit may be eligible for one-time financial support.

Lease Agreements

Lease agreements must be signed by both the landlord and the tenant. Lease agreements automatically renew if the landlord does not send a notice of termination.

Repairs and Maintenance

Landlords are responsible for keeping the rental premises reasonably safe and in good repair at all times. They must comply with all health, safety, housing, and building standards, and keep all common areas clean and safe.

Tenants are responsible for the ordinary cleanliness of the premises and any chattels provided by the landlord. They must also repair any damage to the premises or chattels caused by their wilful or negligent conduct or that of their guests.

Rent Payments

Landlords can ask tenants for a security deposit, sometimes called a damage deposit, but this cannot be more than one month's rent at the time the tenancy starts. Tenants can ask for a receipt for any fees paid. The landlord must pay interest to the tenant at the end of each tenancy year unless both parties agree otherwise.

If a tenant does not pay rent when it is due, the landlord may serve them with a Notice to Vacate, giving the tenant seven days to pay the total rent owed. If the tenant does not pay within seven days, the landlord will provide a date by which the tenant must vacate the property.

If the tenant does not pay rent again and has previously been served a Notice to Vacate, the landlord may choose to serve a Final Notice to Vacate, which does not offer the possibility of paying rent within seven days. The Final Notice to Vacate will show the amount of rent owing and the date the tenant must vacate by, which must be at least 15 days from the date the tenant is served the notice.

Eviction

Only a Residential Tenancies Officer or a Judge of the Court of King's Bench of New Brunswick has the authority to evict a tenant from any rented premises. A landlord must apply for an eviction through the Tenant and Landlord Office, and a sheriff will only act under the order of a Residential Tenancies Officer or judge to carry out an Eviction Order.

There are several reasons why a tenant can be evicted, including:

• The tenant received a Notice of Termination and did not move out by the date in the notice
• The tenant did not pay rent and received a Notice to Vacate or a Final Notice to Vacate but did not move out by the date in the notice
• The tenant received a Notice to Quit and did not move out by the date in the notice
• A fixed-term lease has ended, and the tenant did not move out

Tenants cannot be evicted for making a complaint against a landlord. If this happens, a tenant may file a Tenant Application for Assistance with the Tenant and Landlord Relations Office within 15 days of being served with the notice.

Landlord rights

In New Brunswick, Canada, landlords have certain rights and responsibilities when operating a residential rental property. Here are the key rights that landlords should be aware of:

Right to End a Tenancy: Landlords have the right to end a tenancy by providing proper notice and following the correct legal procedures. This includes giving the tenant a Notice to End their Tenancy using the appropriate form and providing the required amount of notice as specified by law. The amount of notice required will depend on the reason for ending the tenancy. For example, in the case of non-payment of rent, landlords must give tenants 14 days' notice.

Right to Evict a Tenant: If a tenant does not vacate the property by the date specified in the Notice to End their Tenancy, landlords have the right to file an application for eviction with the Residential Tenancies Branch. A hearing will be scheduled, where both parties can present their case. If the eviction is approved, the branch will issue an Eviction Order, which will be served by a sheriff who can also help remove the tenant from the property if necessary.

Right to Receive Rent: Landlords have the right to receive rent on time and in full, as agreed upon in the rental agreement. If a tenant fails to pay rent, landlords can serve them with a Notice to Vacate, giving them a specified number of days to pay the outstanding amount. If the tenant does not pay within the given timeframe, landlords can proceed with the eviction process.

Right to Inspect and Enter the Property: Landlords have the right to inspect and enter the rental property, but they must provide advance notice to the tenant. For inspections, 24 hours' notice is generally required. In emergency situations, landlords can enter the property without prior notice.

Right to Receive Security Deposits: Landlords can legally request security deposits from tenants, which are typically equivalent to one month's rent. These deposits are held by the Office of the Rentalsman and returned to the tenant at the end of the tenancy, provided there are no claims for damages or outstanding rent.

Right to Refuse Pets: Landlords have the right to refuse to rent to tenants with pets. They can include a no-pets clause in the rental agreement, and if a tenant violates this agreement, it may result in eviction.

Right to Enforce No-Smoking Policies: Similar to pet restrictions, landlords can include a no-smoking clause in the rental agreement. If a tenant violates this policy, it can be grounds for eviction.

Right to Terminate a Periodic Tenancy: Landlords can end a periodic tenancy, such as a month-to-month or year-to-year lease, by providing proper notice. The required notice period varies depending on the reason for termination. For example, in the case of non-payment of rent, landlords must give 20 days' notice, while for failure to maintain standards of cleanliness, one month's notice is required.

It is important for landlords to be aware of their rights and responsibilities and to follow the appropriate legal procedures to avoid any potential issues or disputes with tenants.

Frequently asked questions