New Brunswick landlord guide — RTT process and notice periods

Managing a rental property in New Brunswick means navigating a specific set of rules that differ meaningfully from other provinces — and when disputes arise, the Residential Tenancies Tribunal (RTT) is the body that settles them. Whether you're issuing a notice to vacate, dealing with unpaid rent, or defending against a tenant complaint, understanding how the RTT works and what timelines apply can save you from costly procedural mistakes. This guide walks New Brunswick landlords through the essentials.

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What Is the New Brunswick Residential Tenancies Tribunal?

The Residential Tenancies Tribunal is the quasi-judicial body that administers the Residential Tenancies Act (RSNB 2023, c 26) in New Brunswick. It replaced the previous Residential Tenancies Officer system with a more formalized tribunal structure, giving both landlords and tenants a structured appeals process and a clearer path to enforceable orders.

The RTT handles a wide range of disputes, including:

Non-payment of rent and applications for possession

Security deposit disputes and deductions

Alleged breaches of the lease by either party

Applications to set aside improper notices

Rent increases above the guideline (New Brunswick currently has no formal rent increase cap as of 2024, but proper notice requirements still apply)

• Complaints about habitability and repair obligations under s. 13 of the Act

The Tribunal operates under Service New Brunswick and its decisions carry the weight of a court order. If a tenant or landlord fails to comply with an RTT order, the aggrieved party can file that order in the Court of Queen's Bench for enforcement.

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Key Notice Periods Every New Brunswick Landlord Must Know

Getting notice periods wrong is one of the fastest ways to have your application dismissed or your notice declared void. The Residential Tenancies Act (RSNB 2023, c 26) sets out specific timeframes depending on the reason for termination and the type of tenancy.

Notice Periods by Tenancy Type

The required notice period depends on whether the tenancy is weekly, monthly, or fixed-term:

Weekly tenancies: Minimum 2 weeks' written notice, to expire on the last day of a tenancy week

Monthly tenancies: Minimum 1 month's written notice, to expire on the last day of a rental month

• Fixed-term leases: Generally expire on the agreed end date without additional notice, but if either party intends not to renew, written notice is strongly recommended at least 1 month before the end date to avoid automatic monthly continuation

Notice for Cause: Non-Payment and Breach

When a tenant has failed to pay rent, the landlord must serve a written notice giving the tenant at least 15 days to pay the outstanding rent or vacate. If the tenant neither pays nor leaves within that period, the landlord can then file an application with the RTT for an order of possession.

For other cause-based notices (e.g., damage to the unit, disturbance of neighbours, or illegal acts under s. 35 of the Act), notice periods vary. A serious breach — such as an illegal act — may support a shorter notice period, but you should contact Service New Brunswick or legal counsel before issuing anything shorter than the standard periods to avoid having the notice set aside.

Important: All notices must be in writing, clearly state the reason, reference the correct address, and be served by an approved method (personal service, registered mail, or leaving with an adult at the premises). Verbal notices have no legal standing.

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Filing an Application with the RTT: Step-by-Step

When informal resolution fails, filing with the RTT is the next step. Here's how the process works for a standard landlord application.

Complete the correct form. For most landlord applications — including possession for non-payment — you'll use Form RTT-2 (Application by Landlord). Forms are available through Service New Brunswick online or in person at regional offices.

Attach supporting documentation. Include the signed lease, a copy of the notice served on the tenant, proof of service, rent ledger showing arrears, and any correspondence.

Pay the application fee. As of 2024, the filing fee for a landlord application is $50. Keep your receipt.

File with Service New Brunswick. You can file in person at a Service New Brunswick location or by mail. Online filing options have been expanding — confirm current methods at the Service New Brunswick portal before assuming electronic submission is available for your specific application type.

Attend the hearing. The RTT will schedule a hearing and notify both parties. Hearings are typically conducted by teleconference or in writing (document-based review), though in-person hearings can be requested in some cases.

1. Receive the order. The Tribunal issues a written decision. If the order is in your favour, you have a legally enforceable right to possession or payment.

Timelines from filing to decision vary but typically range from 3 to 8 weeks depending on complexity and Tribunal workload. File early — delays in applying after a failed notice period only extend the timeline.

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Security Deposits in New Brunswick: Rules and RTT Claims

New Brunswick landlords are permitted to collect a security deposit, but the rules are specific. Under s. 10 of the Residential Tenancies Act, the maximum security deposit is one month's rent. The deposit must be held in a separate trust account at a financial institution — commingling it with your operating funds is a breach of the Act.

Within 7 days of a tenancy ending, the landlord must either return the full deposit (with any accrued interest) or serve the tenant with a written itemized statement of deductions using Form RTT-4 (Security Deposit Disposition). If you intend to make deductions, you must have documented evidence: dated photographs, contractor invoices, or repair receipts.

If a tenant disputes your deductions, they can file with the RTT. Landlords who cannot produce adequate documentation routinely lose these hearings — even when the damage was real. Photograph the unit at move-in and move-out with timestamps, and have the tenant sign a condition report at both points.

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Common Pitfalls New Brunswick Landlords Should Avoid

Even experienced landlords make procedural errors that cost them hearings. Here are the most frequent mistakes seen at the RTT:

Serving notice by email without tenant consent in writing. Email is not an approved method of service under the Act unless the tenant has expressly agreed to it in writing. An improperly served notice is a void notice.

Calculating notice periods from the wrong date. Notice periods run from the date of service, not the date the notice is written. If you mail the notice, add time for delivery.

Applying to the RTT before the notice period has fully expired. Filing an application on day 14 of a 15-day notice will result in the application being returned or dismissed.

Failing to distinguish between a lease breach and non-payment. These require different forms and different processes. Using the wrong form delays your hearing.

Deducting normal wear and tear from the security deposit. The Act explicitly prohibits this. Scuffed baseboards, minor wall marks, and carpet wear from normal use are not recoverable — attempting to deduct them undermines your credibility on legitimate claims.

• Not keeping a rent ledger. Without a clear, dated record of every payment received and outstanding, your arrears claim becomes your word against the tenant's. The RTT expects documentary evidence.

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What Happens If a Tenant Doesn't Leave After an RTT Order?

An RTT possession order does not authorize you to change the locks or remove the tenant's belongings yourself. Self-help eviction is illegal in New Brunswick and can expose you to significant liability.

If a tenant refuses to vacate after a valid RTT order, you must file the order with the Court of Queen's Bench of New Brunswick to obtain a Writ of Possession. Once the writ is issued, the Sheriff's Office handles enforcement — they have the legal authority to remove the tenant and their belongings from the premises. This additional step adds time (typically 1–3 weeks), so factor that into your planning if you have a tenant who is likely to resist.

While this process can feel slow, going through proper channels protects you from civil liability and ensures the eviction is unassailable legally.

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Bottom Line

The New Brunswick Residential Tenancies Tribunal is a structured, document-driven process — landlords who prepare carefully, serve notices correctly, and file the right forms on time consistently get better outcomes than those who improvise. Know your notice periods, photograph everything, hold deposits in trust, and file promptly when a tenant fails to comply. Central Rentals Canada helps New Brunswick landlords track lease dates, generate compliant notices, and maintain the documentation trail that makes RTT applications straightforward — so you spend less time at hearings and more time managing your portfolio.