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New Brunswick residential tenancy

New Brunswick unpaid rent: Notice to Vacate and Final Notice

The seven-day cure option applies to an ordinary notice, but not necessarily to a Final Notice.

Ordinary Notice to Vacate

A landlord can issue an official Notice to Vacate when rent is unpaid. The effective move-out date on the notice must be at least 15 days after service.

For a first ordinary notice, payment of all rent due within seven days of service usually cancels that notice and continues the tenancy. A later final notice is legally different.

Final Notice to Vacate

A landlord may use a Final Notice after an earlier qualifying Notice to Vacate. The province warns that the seven-day pay-to-cancel protection does not apply to that later notice.

Only a Residential Tenancies Officer or a Court of King’s Bench judge can authorize an actual eviction. A landlord cannot unilaterally force a tenant out or change the locks.

Service and response

Check the date of actual service, the notice type, rent payments and any earlier notice. Use the published official forms and seek office assistance immediately if you dispute the claimed arrears.

Estimate key notice dates

Open the Notice to Vacate planner. It does not authorize lockouts or predict an eviction order.

Related New Brunswick resources

New Brunswick tenancy hub · Official forms directory.

Example: distinguish two official notices

If the tenant receives an ordinary Notice to Vacate on October 11, the seven-day calendar illustration points to October 18 for payment, while the earliest ordinary vacate date stated in the notice would not be before October 26. These are planning estimates, not advice to wait until the last day.

If the document explicitly says Final Notice to Vacate, do not use the first-notice seven-day cure assumption: previous service history can eliminate that protection.

The landlord should keep proof of the notice, the date served, the rent ledger and evidence of any earlier qualifying notice when asking the office to investigate.

Official sources

Sources

  1. New Brunswick — evictions
  2. Residential Tenancies Act (current consolidated text)
  3. New Brunswick — official residential tenancy forms