New Brunswick · Landlord Tenant

Landlord-Tenant Law in New Brunswick — Eviction, Deposits & Tenant Rights

New Brunswick landlord-tenant law: 5 days for nonpayment eviction notice, deposit returned 7 days after vacating. Filing guide for landlords and tenants.

Key Filing Facts

Court Name

New Brunswick Residential Tenancies Tribunal

Filing Fee

$25–$50

Hearing Timeline

14–45 days after application

Statute

Residential Tenancies Act SNB 1975 c.R-10.2

Official Court Website →

✓ Verified as of 2026-03-30

Overview

New Brunswick Residential Tenancies Tribunal handles residential landlord-tenant disputes under Canadian law. Both landlords and tenants may file applications here — landlords typically seek eviction or rent repayment, while tenants seek return of security deposits, enforcement of habitability obligations, or protection from unlawful actions. Common disputes include eviction for nonpayment, security deposit return disputes, habitability defects, unauthorized rent increases, and tenancy termination. New Brunswick requires a security deposit to be returned within 7 days of move-out if no deductions — one of the shortest return windows in Canada. ThreadLock helps both landlords and tenants build a documented, chronological record of communications, incidents, and property condition — the kind of organized evidence that resolves these disputes faster.

Filing & Fees

Both individual landlords and business entities (corporations, property management companies) may file with the tribunal. Tenants may also file applications to enforce their rights, recover deposits, or challenge improper actions. Security deposits in New Brunswick are capped at 1 month's rent. You must file with the tribunal that has jurisdiction over the property location. If you are the tenant, you may also contact a tenant rights organization or legal aid office in New Brunswick before filing to understand your options. Fee waivers may be available for low-income filers — ask the tribunal clerk or office.

Filing Process

Pre-filing notice requirement: 5 days for nonpayment; 1 month for substantial breach. This notice must be properly served — typically by hand delivery, certified mail, or posting on the door — and the notice period must fully expire before you file with the tribunal. Failure to give proper notice is a common reason cases are dismissed.

To begin a dispute in New Brunswick, file an application with the New Brunswick Residential Tenancies Tribunal. The filing fee is $25–$50. If you are a tenant filing against a landlord (for deposit return, habitability, or unlawful entry), the process is similar — complete the appropriate form and pay the applicable fee.

The tribunal will review the application, notify the other party, and schedule a hearing or mediation session. Many Canadian residential tenancy tribunals conduct hearings by phone or video. Bring all relevant documents — lease, rent receipts, communications, photos — to the hearing.

The tribunal can issue a variety of orders: payment of rent arrears, return of a security deposit, possession of the rental unit, or compensation for damages. Tribunal orders are legally enforceable. Security deposit: landlords in New Brunswick must return the deposit within 7 days after vacating. Failure to meet this deadline may forfeit the landlord's right to make any deductions, depending on the jurisdiction.

Evidence Standards

Critical

Landlord-tenant disputes are won or lost on documentation. The New Brunswick Residential Tenancies Tribunal expects organized, chronological evidence — not narrative arguments. Whatever the dispute type, the starting point is always the same: the lease agreement, the rental payment history, and the written communications between landlord and tenant.

For New Brunswick disputes involving eviction for nonpayment, security deposit return disputes, habitability defects, unauthorized rent increases, and tenancy termination, the evidence that most often determines outcomes includes: dated photographs of property condition at move-in and move-out, text message and email records showing what was communicated and when, maintenance request logs showing when issues were reported and whether they were addressed, and copies of all notices with proof of service. Courts and tribunals cannot award what you cannot prove — bring every document that supports your position.

ThreadLock's incident journal is designed exactly for this purpose: log events as they happen with date, time, and attached photos or documents. If a landlord fails to make a repair, document it the day you notice it. If a tenant misses rent, document every communication about it. The timeline builder assembles those records into a chronological view of the tenancy, and the exhibit export tool produces a labeled PDF packet ready to hand to a judge, tribunal officer, or opposing party at the hearing.

Common Questions

How much notice does a landlord need to give before evicting a tenant in New Brunswick?

The required notice depends on the reason. For nonpayment of rent: 5 days for nonpayment; 1 month for substantial breach. A landlord who files without giving proper notice first may have the case dismissed. The notice must be properly served — not just sent — and the full notice period must expire before filing.

How long does a landlord have to return a security deposit in New Brunswick?

7 days after vacating. If the landlord misses this deadline or fails to provide an itemized statement of deductions, they may lose the right to withhold any portion of the deposit. Security deposits in New Brunswick are capped at 1 month's rent.

What happens if a tenant does not leave after receiving a notice to quit?

If the tenant does not vacate or remedy the issue within the notice period, the landlord may file an eviction application with the New Brunswick Residential Tenancies Tribunal. If the tribunal grants possession, the landlord receives a writ that allows law enforcement to remove the tenant if they still do not leave voluntarily. A landlord may not change locks, remove belongings, or shut off utilities to force a tenant out — that is an illegal lockout regardless of the circumstances.

What can a tenant do if the landlord fails to make necessary repairs?

Tenants in New Brunswick have the right to a habitable rental unit. If a landlord fails to make repairs after being notified in writing, a tenant may be able to file a complaint with the New Brunswick Residential Tenancies Tribunal, withhold rent (in some jurisdictions), or pursue other remedies under New Brunswick law. Document every repair request in writing with the date sent — this record is essential if the matter goes to tribunal.

Get organized before your hearing.

ThreadLock helps you document incidents, organize evidence, and prepare court-ready materials, so you walk in prepared.