New Brunswick residential tenancy
New Brunswick eviction applications and orders
The difference between a landlord notice and a legally enforceable eviction order.
From notice to order
A Notice of Termination, Notice to Vacate or Final Notice to Vacate is not itself an eviction order. A landlord can ask the Tenant and Landlord Relations Office to investigate and issue an order where the Act permits.
The landlord generally submits a Landlord Application for Assistance with the relevant notice. The office contacts the tenant and permits evidence and a response.
Enforcement
Actual forced removal requires authorization by a Residential Tenancies Officer or a judge; sheriffs enforce orders, not a landlord alone. Changing the locks without authorization can be unlawful.
If you have received an order, check its exact wording and seek advice about relevant review rights immediately.
Related New Brunswick resources
What tenants and landlords should retain
A tenant should preserve the notice, envelope or delivery log, lease, rent ledger and bank receipts. If there is a dispute about the amount owed, communicate that to the provincial office as part of the response.
A landlord should not disconnect utilities, remove belongings or change the locks to enforce a notice. The government describes official investigation, decision and sheriff enforcement routes.
A tenant receiving a written eviction order should identify its exact date, any stated method of reconsideration and the enforcement instructions; a generic website deadline should never override the order.
Unpaid rent: notice versus eviction
New Brunswick's current guidance distinguishes an initial Notice to Vacate, which gives the tenant a seven-day opportunity to pay the rent owing, from a Final Notice to Vacate that may be used after repeated non-payment and specifies a vacate date at least 15 days after service. The form used and earlier notice history matter; do not assume every missed payment permits the final route.
If the tenant does not leave, a landlord submits an application for assistance with the relevant prior notice. The provincial office contacts the tenant, reviews evidence and decides whether an eviction order should issue. A notice alone is not authority to change locks.
What the tenant can do
- Review the exact notice type and service date, claimed unpaid periods and all credits.
- Keep receipts, banking records, correspondence and the complete notice.
- Respond to the office when contacted and provide evidence promptly.
- If the notice appears retaliatory after a complaint, check the government's tenant assistance procedure and its short 15-day filing window.
The government says only a Residential Tenancies Officer or a King's Bench judge may authorize eviction. A sheriff acts under the appropriate order; personal removal or disposal of belongings is not the landlord's decision.