New Brunswick Self-Help Eviction and Illegal Lockout Rules

A tenant has not paid rent in two months, and you are losing money every day the unit stays occupied. Changing the locks while they are at work feels like a reasonable response. In New Brunswick, it is a crime-adjacent violation that will cost you far more than the unpaid rent.

What the Law Prohibits

Sections 3.1, 14, and 18 of the Residential Tenancies Act restrict common self-help eviction tactics. Specifically, landlords cannot:

• Change door locks or any locking mechanism during occupancy without mutual consent or written authorization from a Residential Tenancies Officer
• Deliberately interrupt utilities — heat, water, or electrical power — except in an emergency or when necessary for maintenance or repairs
• Seize tenant belongings for rent — distress for rent is abolished under Section 14 of the Act
• Enter the premises unreasonably or engage in harassment designed to pressure the tenant to leave

These prohibitions apply regardless of whether the tenant owes rent, has damaged the property, or is in violation of the lease. There is no exception for "extreme cases" or long-standing arrears.

What Happens If You Do It Anyway

Under Section 6, a tenant may notify an RTO of a landlord's failure to meet obligations; the Officer may investigate, inspect, and set a time for compliance. In an emergency, the Officer may perform the landlord's obligations if the landlord cannot be reached. Section 6(6.7) allows compensation only in specified circumstances, including certain reasonable expenses and rent paid while the premises were uninhabitable.

Section 28(3) treats violations of Sections 3.1, 14, and 18 as category F offences under Part II of the Provincial Offences Procedure Act. And if the case involves physical confrontation or intimidation, you are in criminal-law territory.

The practical cost is even higher: a landlord who has already demonstrated disregard for the statute loses credibility when the case reaches the Tribunal for the underlying dispute. An Officer reviewing a nonpayment application will note the illegal lockout in the file.

The Only Lawful Path to Physical Removal

In New Brunswick, a Sheriff executes a Form 9 Eviction Order issued by a Residential Tenancies Officer or a judge. The path to Form 9:

1. Serve the correct statutory notice for your ground (Notice to Vacate for rent arrears, written notice for personal use, etc.)
2. Wait out the tenant's response period (seven days to pay rent; 15 days to apply for review under Section 24.12, or under Section 25.6 for a mobile home site)
3. If the tenant does not vacate, file a Landlord Application for Assistance with the Tribunal
4. Participate in mediation and, if needed, adjudication
5. If the Officer orders possession, the Officer may issue a Form 9 Eviction Order. Sheriff fees include $75 to file the order and $75 per enforcement attempt, plus reasonable disbursements.
6. The Sheriff executes the removal

There is no shortcut through this process. Every step exists to prevent exactly the kind of unilateral action that Section 3.1 prohibits.

The Ending a Tenancy in New Brunswick guide maps the lawful process from first notice through Sheriff enforcement, including the documentation you need at each step to keep your application moving.

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