Avoiding Common Tenant Mistakes with Dispute Resolution in New Brunswick

When a disagreement arises with your landlord in New Brunswick—whether it’s about rent, repairs, or the end of your lease—understanding the right steps can make all the difference. Tenants frequently face challenges when using dispute resolution through New Brunswick’s Residential Tenancies Tribunal (RTT). This guide highlights typical mistakes and gives practical advice, so you can protect your rights and achieve a fair outcome.

Understanding the Dispute Resolution Process in New Brunswick

In New Brunswick, residential tenancy disputes are handled by the Residential Tenancies Tribunal (RTT). The process is designed to resolve issues between tenants and landlords fairly and efficiently under the Residential Tenancies Act^[1].

• Common disputes include rent increases, maintenance, security deposit returns, and evictions.
• Tenants often need to complete and submit official tribunal forms to begin or respond to proceedings.

Being prepared with the right documentation and understanding the process are essential for a successful resolution.

Top Mistakes Tenants Make (and How to Avoid Them)

1. Not Understanding Your Rights and Responsibilities

One of the most common mistakes is not knowing your basic rental rights or obligations under the law. This can lead to missed deadlines, paying the wrong amount of rent, or not complying with legal notice periods.

Learn more in Tenant Rights and Landlord Rights in New Brunswick.

2. Missing Important Deadlines or Failing to Use Official Forms

Deadlines in the dispute process are strict. For example, if you receive a Notice of Termination (Form 10), you typically have only 7 days to reply. Filing late or failing to use the correct form can end your case before it even starts.

• Form 10 – Application for Assistance: Use this to request dispute resolution from the RTT about issues like rent increases, repairs, or evictions.
  Example: If your landlord is increasing the rent and you think it’s not allowed, submit Form 10 within 7 days of receiving notice. Download from the official site.
• Form 12 – Application to Terminate Tenancy and Obtain Possession (usually landlord-initiated, but tenants should understand this in case of eviction). Review your rights to respond. View on government forms directory.

Always check the latest version of each form on the official RTT portal.

3. Not Documenting Your Communication and Evidence

Verbal agreements or requests can be hard to prove. If you don’t keep written records or take photos of issues (like maintenance problems), your case may be weakened.

Be sure to save copies of all notices, repair requests, and photos. This documentation is crucial if your dispute goes to the RTT.

4. Assuming the Tribunal Will Contact You

Tenants sometimes think that after submitting a form, they’ll be automatically contacted about next steps. In reality, you need to watch for notifications and respond quickly. Check your email and mail regularly, and follow all instructions from the RTT.

5. Not Exploring Negotiation or Mediation

Some issues can be resolved before they become formal disputes. Try to answer landlord concerns in writing, offer solutions (like repair timelines), and consider mediation before official action.

If you aren’t sure, seek advice early—missing a deadline is much harder to fix than getting support upfront.

Tips for Tenants to Protect Their Rights

• Understand the rules around security deposits; see Understanding Rental Deposits: What Tenants Need to Know.
• After moving in, keep a written and photo record of the unit’s condition. This helps if disputes about damages arise later.
• Quickly address and document any problems. If repairs are urgent, report them in writing and save copies. For more complex problems, see Common Issues Tenants Face and How to Resolve Them.
• Never withhold rent as a bargaining tactic—this can put your tenancy at risk.

What to Do If You Need Help

If in doubt, contact the RTT or a tenant resource organization for advice. Keep copies of all your correspondence, and consider seeking guidance before completing forms or making critical decisions.

FAQ: Dispute Resolution for New Brunswick Tenants

1. What issues can I bring to the Residential Tenancies Tribunal?
   Typical issues include rent increases you believe are not permitted, repair problems, security deposit disputes, and notices to vacate or evictions.
2. What forms do I need to start or respond to a dispute?
   Most tenant-initiated disputes use Form 10 – Application for Assistance. Always check the RTT website for the required form and instructions.
3. How quickly do I have to respond to a notice from my landlord?
   You may have as little as 7 days to respond, depending on the type of notice. Never ignore official communications.
4. If I lose a decision, can I appeal?
   You may be able to request a review of the Tribunal's decision, but the grounds and deadlines are strict. Consult the Tribunal’s website for appeal instructions.
5. Where can I look up my rights as a tenant in New Brunswick?
   Visit Tenant Rights and Landlord Rights in New Brunswick for a summary of provincial rules and protections.

How To: Navigate a Tenant Dispute with the RTT

1. How do I challenge a rent increase or eviction notice?
   Carefully review the notice, gather your supporting documents, and submit Form 10 to the RTT within the legal timeframe. Respond in writing and track your communications.
2. How do I request a repair if my landlord isn’t responding?
   First, contact your landlord in writing and keep a record. If there is no response, use Form 10 to request Tribunal assistance, including descriptions and photographs of the problem.
3. How do I prepare for a hearing with the Tribunal?
   Organize your documents, review your responsibilities, and consider seeking advice. Attend the hearing (in person, by phone, or online) and be prepared to answer questions and present your evidence.

Key Takeaways for Tenants

• Act quickly if you receive any official notice; missing deadlines can cost you your case.
• Document everything: communications, problems, and your attempts to resolve them.
• Know your rights and use official forms for any dispute with your landlord.
• If unsure, get support from tenant resources or the Residential Tenancies Tribunal early.

Ready for your next move? Explore Houseme for nationwide rental listings for convenient, hassle-free rental searches anywhere in Canada.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal (RTT): File forms, get official advice, and access dispute resources.
• Legal information: Residential Tenancies Act (full text).
• For a complete overview of tenant and landlord responsibilities: Tenant Rights and Landlord Rights in New Brunswick.
• Local tenant advocacy groups: Search your city or region for non-profit tenant support organizations.

---

1. Residential Tenancies Act, S.N.B. 1975, c. R-10.2, Government of New Brunswick
2. Residential Tenancies Tribunal (RTT)
3. New Brunswick Tribunal Forms Library

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy