When damage happens in your rental unit, quick, clear actions protect your rights as a tenant and help resolve emergency repairs, insurance claims and any dispute with your landlord in New Brunswick. Start by documenting the damage, notifying the landlord in writing, and keeping receipts and photos. Know the difference between urgent fixes your landlord must arrange and temporary repairs you can do to stop further loss. This guide explains practical steps, timelines, the official Residential Tenancies Tribunal process, and when to involve insurance or file an application so you can move forward with confidence.
Immediate steps after damage
Take these steps right away to preserve evidence and limit further harm.
- Document the damage with photos, video and a dated log of what you found.
- Serve a written notice to your landlord describing the problem and the date you discovered it; include photos if possible.
- Arrange or allow reasonable temporary repairs to prevent further damage when it is safe to do so; keep receipts.
- Contact your insurer promptly if you have tenant insurance and record all claim numbers and communications.
- Keep all receipts, invoices and communication records in a single folder for reference and any tribunal application.
Understanding your legal duties and timelines in New Brunswick
Under New Brunswick rules you must report damage that affects habitability or safety and allow your landlord reasonable access to repair. If a landlord does not fix urgent problems within a reasonable time, you can apply to the Residential Tenancies Tribunal for orders about repairs or rent adjustments. Always check the province's legislation for exact timelines and definitions of urgent repairs [1]. To start a case you will use the tribunal's application process and any required forms listed on the tribunal website [2].
How to file an application and what forms to expect
Common official forms include the main application used to ask the Residential Tenancies Tribunal for an order. Form names and numbers vary; if a specific form number is not listed on the tribunal page, use the application link provided there and follow the filing instructions. Example: "Application to the Residential Tenancies Tribunal" (number: N/A) — you would complete the form, attach your evidence, and submit it according to the tribunal's filing options (online, mail, or in person). The tribunal page explains fees, hearing formats and how evidence should be submitted [2].
Practical example
If a burst pipe flooded your unit: take photos, move belongings to reduce loss, email and deliver a written notice to your landlord, keep emergency repair receipts, start an insurance claim, and if the landlord fails to arrange proper repairs, file an application with the tribunal including your photos and receipts.
When deposits and deductions come into play
Landlords may seek to deduct repair costs from a security deposit for tenant-caused damage. If you disagree, you can ask for an itemized list and dispute it at the tribunal. For more on deposits and how to protect yours, see How to Get Your Security Deposit Back with Interest When Moving Out.
Repairs and routine maintenance
Tenants are expected to take reasonable care, report problems promptly, and allow access for repairs. Landlords are generally responsible for maintaining systems like heating, plumbing and structural safety. For details about which party handles routine repairs and examples, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.
FAQ
- What counts as urgent damage I should report immediately?
- Urgent damage includes anything that threatens safety or habitability, such as major leaks, no heat in winter, electrical hazards, or sewer backups; report these in writing and follow up with photos.
- Can I pay for temporary repairs and deduct the cost from rent?
- Do not automatically deduct repair costs from rent; in New Brunswick you should get landlord agreement first or seek an order from the Residential Tenancies Tribunal to avoid a dispute.
- How long does the tribunal process take?
- Timelines vary by case complexity and caseload; file promptly, attend scheduled hearings, and keep copies of all evidence to speed resolution.
How-To
- Document the damage with dated photos, video and a written log.
- Send a written notice to your landlord describing the problem and requested action, and keep a copy.
- Arrange temporary measures to prevent further harm and save receipts for any expenses.
- If unresolved, complete and submit the tribunal application with your evidence to ask for an order.
- Attend the hearing or mediation and keep communicating in writing afterward about any agreed repairs.
Help and Support / Resources
- Residential Tenancies information - Government of New Brunswick
- Residential Tenancies Tribunal - New Brunswick
- Tenant and landlord services - Service New Brunswick
