Evicting a tenant is a complicated and often stressful process for landlords in New Brunswick. It requires strict adherence to legal procedures and timelines to ensure a successful outcome. If you’re a landlord in New Brunswick looking to evict a tenant, this guide will help you understand the legal process and steps you need to take.
Grounds for eviction in New Brunswick
Before starting the eviction process, it’s essential to have a valid reason for doing so. Some common reasons for eviction in New Brunswick include:
- Non-payment of rent
- Damage to the rental property
- Breach of lease agreement
- Illegal activities on the property
It’s crucial to have evidence to support your claim for eviction. This may include a record of late or missed rent payments, photos of property damage, or documentation of lease violations.
Notice to vacate
Once you have a valid reason for eviction, you must provide your tenant with a notice to vacate. The notice must be in writing and must include the reason for eviction, the date the tenant must vacate, and a warning that legal action will be taken if the tenant fails to comply.
The length of notice required varies depending on the reason for eviction. For non-payment of rent, the notice period is 15 days. For other reasons, the notice period is one month.
Filing for eviction
If the tenant fails to vacate the property after receiving a notice to vacate, the next step is to file for eviction with the New Brunswick Rental Tribunal. This process requires filing an application for eviction and paying a fee.
The tribunal will schedule a hearing, where both the landlord and tenant can present their case. If the tribunal grants the eviction, a Writ of Possession will be issued, allowing the landlord to take possession of the property.
Enforcing eviction
Once a Writ of Possession is issued, the landlord can request the assistance of the sheriff to enforce the eviction. The sheriff will schedule a date and time to attend the property with the landlord and ensure that the tenant vacates.
It’s important to note that landlords cannot take matters into their own hands and attempt to physically remove a tenant from the property. This is illegal and can result in legal consequences for the landlord.
Evicting Your Tenant in New Brunswick
Evicting a tenant in New Brunswick requires strict adherence to legal procedures and timelines. It’s crucial to have a valid reason for eviction and to provide the tenant with a notice to vacate before filing for eviction. If the tribunal grants the eviction, a Writ of Possession will be issued, allowing the landlord to take possession of the property with the assistance of the sheriff. By following these steps and understanding the legal process, landlords can successfully evict a tenant in New Brunswick.
