Evictions

An eviction is a legal proceeding in which a landlord asks the Residential Tenancies Tribunal to order a tenant to leave the rental property. 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.

When a landlord or tenant decide to end (terminate) a lease agreement, they must provide written notice to the other party. This written notice is called a “Notice of Termination.”

An eviction is the ordered removal of a tenant from their rental property by force or by legal process. This order is called an Eviction Order. 

Tenants can be evicted for:

• not moving out by the date provided in a Notice of Termination, Notice to Vacate, Final Notice to Vacate or Notice to Quit
• not moving out once a fixed-term lease has ended

A tenant 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, along with the notice received, within 15 days of being served with the notice. Staff will assess the case.

Apply online or send printed or digital copies of completed forms to the Tenant and Landlord Relations Office by email to [email protected], by fax at 1-855-658-3096, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.

Tenant Application for Assistance (Online)

Tenant Application for Assistance (PDF 661 KB) 

If a tenant does not pay rent, the landlord may serve the tenant a Notice to Vacate which will show the amount of rent owed and that it must be paid within seven days. If the tenant pays the rent within seven days, they will not need to vacate.

The landlord will be required to provide a copy of the notice to vacate if requesting an eviction for non-payment of rent.

Notice to Vacate (PDF 123 KB)

If a tenant does not pay rent again, the landlord may choose to serve a Final Notice to Vacate. This notice no longer offers the possibility of paying rent within seven days. The tenant will need to vacate by the date specified, which is at least 15 days from the date of the notice.

The Final Notice to Vacate will show the amount of rent owing and the date by which the tenant must vacate. The date to vacate must be at least 15 days from the date the tenant is served the Final Notice to Vacate.

The landlord must provide a copy of the Notice to Vacate to the Tenant and Landlord Relations Office if requested to proceed with an investigation for non-payment of rent. 

Final Notice to Vacate (PDF 123 KB) 

Send printed or digital copies of completed forms to the Tenant and Landlord Relations Office by email to [email protected], by fax at 1-855-658-3096, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre.

If a tenant does not move out of the rental unit following the end of a rental agreement a landlord may apply for an eviction.

A landlord may apply for an eviction by completing a Landlord Application for Assistance. The landlord must provide a copy of the Notice of Termination, Notice to Vacate, Final Notice to Vacate or Notice to Quit previously served to the tenant with the application.

Landlord Application for Assistance (Online)

Landlord Application for Assistance (PDF 666 KB)

Apply online or send printed or digital copies of completed forms to the Tenant and Landlord Relations Office by email to [email protected], by fax at 1-855-658-3096, by mail to PO Box 5001, Moncton, NB, E1C 8R3, or bring it to a Service New Brunswick service centre. 

A team member will contact the tenant and allow them to provide evidence to disagree with the eviction.

We will investigate and decide whether an eviction will proceed.

Locks can only be changed if a Residential Tenancies Officer gives written permission, or in the presence of a sheriff during an eviction.

Landlords must inform the office if a tenant’s belongings were left behind. A landlord cannot withhold or dispose of a tenant’s belongings.

Learn what to do if belongings were left behind after an eviction.

A sheriff will only act under the order of a Residential Tenancies Officer or judge to carry out an Eviction Order. To make an online payment for sheriff services:

Tenant and Landlord Relations Office – Sheriff Payments

To pay in person, visit a Service New Brunswick service centre.