New Brunswick Tenant Won't Leave After Notice: Holdover Tenant Options
You served a valid notice. The termination date has passed. The tenant is still there. It is one of the most frustrating situations a landlord faces — and in New Brunswick, how you respond in the next 48 hours determines whether you regain your property in weeks or months.
What You Must Not Do
Before anything else: do not change the locks, cut off the heat or water, remove the tenant's belongings, or physically confront them. Sections 3.1, 14, and 18 of the Residential Tenancies Act restrict common self-help eviction tactics: lock changes during occupancy require mutual consent or an RTO’s written authorization, deliberate utility interruptions are prohibited except in an emergency or when necessary for maintenance or repairs, and distress for rent is abolished. 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. The tenant stays, and you lose credibility with the Tribunal.
Step 1: File a Landlord Application
Submit a Landlord Application for Assistance to the Tenant and Landlord Relations Office. You can apply online or submit it through a Service New Brunswick service centre. The application should include:
- A copy of the signed lease
- Copies of all notices you served
- Your proof of service (tracking receipts, affidavit, or certificate of service)
- A rent ledger if the case involves nonpayment
The Tribunal assigns a case number, typically within one business day. Cases involving active nonpayment or safety risks are prioritized.
Step 2: The Mediation and Adjudication Process
The Residential Tenancies Officer first attempts informal mediation between you and the tenant. If the tenant agrees to a voluntary departure date, the terms are documented in a binding settlement.
If mediation fails, the Officer reviews the written evidence and conducts an adjudication. The Officer's decision and order are final and binding, subject to an application to the Court of King's Bench within seven days after notification of the decision or service of the order.
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Step 3: The Form 9 Eviction Order
If the Officer orders possession, the Officer may issue a Form 9 Eviction Order under Section 21 of the Act. Sheriff fees include $75 to file the order and $75 per enforcement attempt, plus reasonable disbursements.
Form 9 authorizes the Sheriff to put the landlord in possession. A landlord cannot execute the order themselves.
How Long Does This Take?
There is no fixed statutory timeline for Tribunal processing. A straightforward holdover case where the original notice was valid and properly served can move from application to eviction order in a few weeks. Contested cases involving personal-use disputes, renovation challenges, or procedural defects in the original notice will take longer.
The strongest thing you can do to shorten the timeline is get the initial notice right. An Officer who sees a properly served notice with correct date alignment and a valid statutory ground has a clean case to adjudicate. A notice with a wrong effective date, missing information, or defective service gives the tenant grounds to challenge and forces you to start over.
The Ending a Tenancy in New Brunswick guide walks through the Tribunal application process and includes a service verification log that creates the proof-of-service documentation the Officer needs to move your case forward.
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