New Brunswick Renovation Eviction and Regulation 17.3 Rules

Renoviction — evicting a tenant under the pretext of renovations to re-let at a higher rent — became a serious enough problem in New Brunswick that the legislature created one of the strictest pre-approval requirements in Canada. Under Section 24.13 of the Residential Tenancies Act and the five-part test in Regulation 17.3, you cannot serve a renovation termination notice without getting written approval from a Residential Tenancies Officer first.

The Five-Part Regulation 17.3 Test

Before any renovation termination notice can be served, the landlord must apply to the Residential Tenancies Tribunal and satisfy all five conditions:

1. All necessary municipal building permits and legal approvals have been obtained. You cannot apply on speculation — the permits must be in hand.

2. The landlord intends in good faith to perform the work. The Officer will assess whether the stated renovation plan is genuine.

3. The renovations or repairs require vacant possession. If the work can be done with the tenant in place (even with some disruption), vacant possession is not justified.

4. The work is necessary to prolong or sustain the use of the building. Cosmetic upgrades do not qualify. The renovations must be structural, mechanical, or otherwise necessary for the continued viability of the property.

5. Lease termination is the only reasonable way to achieve the necessary vacancy. If the landlord could temporarily relocate the tenant or phase the work to avoid full eviction, the Officer can deny the application.

Section 24.13 prohibits serving a renovation termination notice before the landlord receives written approval.

The Application Process

Submit an Application for Assistance to the Tenant and Landlord Relations Office under “Request to Terminate for Renovations.” The application must satisfy the five Regulation 17.3 requirements:

• Your building permits and any municipal approvals
• Contractor quotes or project plans demonstrating the scope of work
• An explanation of why the tenant cannot remain during renovations
• Evidence that the work is necessary for the building's continued use

The Residential Tenancies Officer reviews the documentation, may inspect the property, and issues a written decision. Only after receiving written approval can you prepare and serve the termination notice.

Notice Periods After Approval

Once you have the RTO's written approval, the notice periods for periodic tenancies are:

• Month-to-month: at least one month before the end of a rental month
• Week-to-week: at least one week before the end of a rental week
• Year-to-year: at least three months before the end of the tenancy year
• Long-term tenancies: at least three months before the end of a month
• Mobile home sites: at least six months before the end of a month
• Fixed-term leases: no separate notice is required to end the lease on its agreed end date

The termination date must align with the end of a rental period.

Post-Renovation Restrictions

Section 24.13(3) allows a tenant to apply for compensation if, within two months after the tenancy terminates, the landlord does not renovate or repair the premises in a manner consistent with the reasons in the approval application.

A displaced tenant can apply to a Residential Tenancies Officer within two years for a compensation order covering moving expenses, rent differentials, and actual losses.

The Rent-Cap Connection

Attempting a renovation termination as a way to circumvent New Brunswick's 3% annual rent cap (in effect through 2027) is explicitly on the Tribunal's radar. An Officer who suspects the renovation is a pretext to re-let at market rate can set the notice aside under their bad-faith review powers.

The Ending a Tenancy in New Brunswick guide includes the Regulation 17.3 checklist with the documentation requirements for each of the five conditions, so your application passes the Officer's review the first time.

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