Residential Tenancies TribunalI am a Landlord - Eviction
Can the tenant pay his/her rent late?
No. It must be paid on the agreed date. If the tenants pay their rent late, you can take steps to start the eviction process.
What is a late payment fee?
If the tenant fails to pay the rent when it is due because the rent cheque bounced, the landlord may charge a late payment fee. This fee can be up to the amount of the bank charges for the bounced cheque.
What can the landlord do if a tenant hasn’t paid the rent?
In this scenario, let's say that Joe's rent is due on the first of every month. By the 2nd, the landlord still hasn't received the rent so she can give Joe a Notice to Vacate on the 2nd or any day after that.
|If the landlord gives Notice to Vacate on the:||Notice Period||Then the tenant must vacate by the:|
|2nd||+ 15 days of notice||17th|
|Notice to Vacate served by mail||2nd||+ 15 days of notice
+ 3 days for mail delivery
What actions are prohibited under the Act when a tenant hasn’t paid rent?
The landlord cannot:
What happens if a tenant will not move out after getting proper notice?
If the tenant will not move out, the landlord can ask the Residential Tenancies Tribunal for help. The Residential Tenancies Officer may ask the Sheriff to remove the tenant from the rental. The landlord may change the locks at this time.
Can the landlord evict a tenant for complaining to the Residential Tenancies Tribunal?
No. The landlord also cannot raise the rent immediately following a complaint as a way to get rid of a tenant.
After a tenant moves out, can the landlord throw away or keep the tenant's belongings left behind?
The landlord cannot throw them out or keep them. He/she must inform the Residential Tenancies Officer, who will decide what to do with them. The Residential Tenancies Officer may contact the tenant to arrange an opportunity to pick up the belongings.
If a tenant is still occupying a premise even after the tenancy has been properly ended, an eviction is the process that is used to remove that tenant. To ask the Residential Tenancies Tribunal to issue an Eviction Order to a Sheriff, a landlord must satisfy a Residential Tenancies Officer that one of the following has occurred:
A landlord must wait to make a formal Application for Eviction to the Residential Tenancies Tribunal until the day after the day the tenant was supposed to move out. Once the application is submitted, a Residential Tenancies Officer will be assigned to the case and conduct an investigation. At the end of the investigation, a Residential Tenancies Officer may issue a formal Eviction Order to a Sheriff who will ensure that the tenant moves out of the premises.
An Eviction Order is a last resort, and as such, the investigating Residential Tenancies Officer will attempt to mediate a solution between the landlord and tenant, provided that both groups are willing to do so. The eviction process can be stopped at any time before the Eviction Order is issued to a Sheriff.
Once a Sheriff carries out an Eviction Order, the tenant should no longer be on the premises. If a tenant re-enters a premises after the Eviction Order has been carried out, the tenant is trespassing and the landlord should contact police.
When the eviction takes place, the landlord is allowed to change the locks and secure the premises. The Sheriff does not give the tenant time to pack his/her belongings and move. Consequently, the landlord must provide the tenant with a notice providing contact information and arranging a time for the tenant to collect his/her belongings. If the tenant does not make arrangements to collect his/her belongings, the landlord may applyto the Residential Tenancies Tribunal for permission to dispose of them.
Only a Residential Tenancies Officer or a Judge of the Court of Queen’s Bench of New Brunswick has the authority to evict a tenant from any rented premises. A Sheriff will only act under the order of a Residential Tenancies Officer or Judge to carry out an Eviction Order.
A landlord may file a claim against the security deposit with the Residential Tenancies Tribunal or pursue a claim in the civil court system.
A landlord may not:
These activities are Offences under the Residential Tenancies Act.