How to Serve a Notice to Quit in New Brunswick

A perfectly drafted notice with the right statutory ground and the correct effective date can still be thrown out if you cannot prove the tenant received it. How you serve the notice matters as much as what it says, and in New Brunswick, the rules under Section 25 of the Residential Tenancies Act are specific about what counts.

Accepted Service Methods

Personal delivery — Handing the notice directly to the tenant in person. This is the simplest and most reliable method. It takes effect immediately on the calendar day delivered.

Substituted service on an adult — If the notice cannot be delivered personally because the tenant is absent or evading service, you can deliver it to an adult who apparently resides with the tenant.

Ordinary mail — Send the notice to the tenant at the rental address. A notice sent by mail is deemed served on the third day after the date it is mailed.

Conspicuous posting — Posting the notice on the door of the premises. This is generally used when the tenant is evading service or the landlord cannot locate them. It is not the preferred method for initial notices.

Email — Electronic transmission is an accepted method when sent to the tenant’s electronic address given in the lease. The Act deems an electronically transmitted notice served on the day it is sent.

The Transit-Time Trap

Account for the statutory service date when calculating the notice period. A notice sent by mail is deemed served on the third day after mailing; an electronic transmission is deemed served on the day it is sent.

For an ordinary month-to-month tenancy, a landlord’s notice must be served at least one month before the end of a rental month and is effective on the last day of that rental month. Long-term tenancies require at least three months’ notice before the end of a month; mobile home sites have separate six-month notice rules.

For notices sent by mail, calculate from the third day after the mailing date, when the notice is deemed served.

Building Proof of Service

A Residential Tenancies Officer reviewing your case will want to see evidence that the tenant actually received the notice. Strong proof of service looks like:

• For registered mail: The Canada Post tracking receipt, the signature delivery confirmation, and a tracking printout showing the delivery date
• For personal delivery: A written affidavit or certificate of service recording the date, time, address, and the identity of the recipient, ideally signed alongside a witness
• For email: The sent email with its metadata header and the tenant's written reply confirming receipt

Keep these documents with your original copy of the notice. You will need them if the tenant disputes or if you apply to the Tribunal for an eviction order.

Joint Tenants

If the lease names more than one tenant, serving notice on one does not automatically count as serving all of them — unless they all live together at the same address. To be safe, deliver an individual copy addressed to each named tenant.

The Ending a Tenancy in New Brunswick guide includes a printable service verification log that documents your delivery method, date, time, and recipient — the exact format the Tribunal expects when reviewing proof of service.

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