New Brunswick RTO Process — Form 3 Applications and Form 9 Eviction Orders Explained

When the Notice Isn't Enough

A notice on its own doesn't authorize a landlord to physically remove a tenant in New Brunswick. If the tenant doesn't vacate by the date specified in the notice, the landlord applies for eviction through a Landlord Application for Assistance. For notices under Section 24.12, a tenant may apply to an RTO within 15 days for a review. Form 3 is a separate application for early termination; Form 9 is the Eviction Order an RTO may issue after an eviction application.

Understanding this process before you reach it saves time. Landlords who arrive at a hearing with incomplete documentation or the wrong form lose weeks while the matter is adjourned.

Form 3: The Early-Termination Application

The current GNB forms page lists Form 3 — Application to the Residential Tenancies Officer — for a landlord seeking to end a lease early because of extensive damage, a health or safety risk, or illegal activity. Under current Section 5.1(1)–(3), the landlord may request that an RTO serve a Notice to Quit when it is inappropriate to use the ordinary Section 5(1) complaint process because the tenant caused extensive damage or for another reason. The landlord must serve a copy of the request on the tenant.

What to include:

• State the reason for the request and include available supporting evidence, such as photographs or records relevant to the stated reason.

For a Landlord Application for Assistance, the Office confirms receipt and assigns a case number within one business day. All cases are prioritized; the most urgent are handled first.

What Happens During the RTO Review

Contact and Investigation

For an eviction application, a member of the Tenant and Landlord Relations Office contacts the tenant and allows them to provide evidence. The Office attempts mediation; if no solution is reached, a Residential Tenancies Officer investigates and makes a final decision.

If both parties reach a voluntary agreement, the terms are documented in a binding settlement.

The Decision

The RTO reviews the evidence and applies the statutory standards. The Officer issues a decision and may issue an eviction order if the requirements are met.

For landlords, the order may confirm the termination and grant possession, or the application may be dismissed if the statutory requirements are not met.

Form 9: The Eviction Order

After the landlord applies for eviction under Section 21 using a Landlord Application for Assistance, the RTO investigates and may issue Form 9, the Eviction Order. A non-refundable $75 payment is for Sheriff services to carry out the order, not to request Form 9; the payment is made after the Tenant and Landlord Relations Office approves it.

Form 9 is the order the RTO may issue after the landlord applies for eviction. A Sheriff carries out the order.

Only a Residential Tenancies Officer or judge may order an eviction; the Sheriff carries it out. Sections 3.1 and 18 govern deliberate utility interference and lock changes during occupancy. Belongings left behind must be handled under Section 15.

Appeals

Decisions by a Residential Tenancies Officer are final and binding, with one narrow exception: an affected party may apply by Notice of Application to the Court of King's Bench within 7 days of being notified of the decision, under Section 27 of the Act.

An application under Section 27(1) stays the decision or order under Section 27(6). The review is limited to whether it was made without jurisdiction or on the basis of an error of law.

Avoiding the Hearing Altogether

The strongest position at a hearing is one where you never needed to attend. Tenants who receive a properly served notice with correct dates, correct forms, and a clear statutory basis are far more likely to comply voluntarily. The cases that end up at lengthy hearings are overwhelmingly the ones where the notice had a defect the tenant's representative can point to.

The Ending a Tenancy in New Brunswick guide covers the entire sequence — from choosing the right ground through notice preparation, service, and Tribunal proceedings — with the documentation checklist for each stage so you arrive at a hearing with everything the Officer needs to issue the order.

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