Can Landlords Retaliate for Tenant Complaints in New Brunswick?

Filing a complaint about your rental in New Brunswick should not put your housing at risk. Many tenants worry about their landlord reacting negatively—through eviction, sudden rent increases, or withholding repairs—after a formal complaint. Understanding your protections can help you assert your rights with confidence.

Retaliation: What Is It and Is It Legal for Landlords in New Brunswick?

Retaliation happens when a landlord takes negative action against a tenant specifically because the tenant exercised their legal rights. This might include giving notice to move out, raising the rent suddenly, or refusing repairs after you've raised a concern. In New Brunswick, tenants are protected by provincial law from unjust actions when reporting valid complaints.

The key legislation for renters and landlords in New Brunswick is the Residential Tenancies Act (RTA) ^[1]. The act is administered by the Residential Tenancies Tribunal ^[2].

Examples of Retaliatory Actions

• Issuing a notice to vacate shortly after you file a complaint
• Refusing necessary repairs as a consequence of your complaint
• Suddenly increasing your rent right after reporting an issue

Legally, landlords must not penalize tenants for submitting a formal request, complaint, or exercising another right under the Residential Tenancies Act.

What Complaints Are Protected?

Tenants have the legal right to raise issues about:

• Health and safety concerns
• Maintenance and repairs
• Any suspected violations of the RTA
• Withholding of legal documents or deposits

For more about rental health and safety, visit Health and Safety Issues Every Tenant Should Know When Renting.

These complaints are especially important in maintaining livable rental environments. If you're dealing with pests, see Dealing with Pests in Your Rental: Tenant Rights and Effective Solutions.

How to File a Complaint in New Brunswick

If your landlord isn't addressing issues you report, or if you suspect retaliation, you can take the following steps:

• Communicate your concern in writing to your landlord first (keep copies)
• If unresolved, file an official complaint with the Residential Tenancies Tribunal

Official Forms for Tenant Complaints

• Application for Assistance (Form 6): Use this form to ask the Residential Tenancies Tribunal for help if disputes about repairs, eviction notices, or retaliatory action arise.
  Download Application for Assistance (Form 6).
  Example: A tenant whose landlord has served an eviction notice right after a complaint about unsafe wiring could submit Form 6, explaining the sequence of events.

After you submit your application, the Tribunal will review your case. Both you and your landlord can be asked to provide evidence.

What Are the Consequences for Landlords Who Retaliate?

If the Tribunal finds evidence of retaliation, the landlord's notice to end tenancy may be invalidated, or other remedies (such as compensation or repair orders) may be granted.

For a full overview of the law and process, see Tenant Rights and Landlord Rights in New Brunswick.

Your Rights and Steps to Protect Yourself

• Keep records of all correspondence—emails, messages, repair requests and responses
• Report any suspected retaliatory actions to the Tribunal promptly
• Consult Browse apartments for rent in Canada to explore other housing options if you feel at risk

Knowing your rights helps you act with confidence and reduces the risk of being unfairly treated.

Frequently Asked Questions

1. Can my landlord evict me for filing a health or safety complaint?
   Landlords cannot legally evict you just for making a legitimate health or safety complaint. Doing so is considered retaliation and is not allowed under New Brunswick law.
2. What should I do if I think my landlord is retaliating?
   Gather evidence and file an Application for Assistance (Form 6) with the Residential Tenancies Tribunal promptly, explaining the timeline and reason for your concern.
3. Is it safe to request repairs without risking my tenancy?
   Yes. The law protects tenants from punishment for making reasonable repair requests or complaints. Always communicate in writing for your records.
4. Can rent increases be a form of retaliation?
   If the timing suggests the increase is a direct response to your complaint, you can ask the Tribunal to review it. Not all rent increases are unlawful, but suspicious timing can be challenged.
5. Where can I get more information about tenant rights in New Brunswick?
   You can visit Tenant Rights and Landlord Rights in New Brunswick for a complete overview and helpful resources.

Key Takeaways for New Brunswick Tenants

• You are protected from landlord retaliation under New Brunswick law
• Filing official complaints does not give your landlord the right to evict you or raise your rent unfairly
• Keep clear records, use official forms, and know where to get support

In summary, exercising your rights shouldn't jeopardize your housing. Understand and use the formal systems in place to protect yourself, and seek help if you feel threatened or unsure.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal - Province of New Brunswick
• New Brunswick Tenants' Rights and Responsibilities (Provincial Resource)
• 211 New Brunswick – Community and Legal Support Services
• Learn more about your rights on Tenant Rights and Landlord Rights in New Brunswick

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1. New Brunswick Residential Tenancies Act: Read the Residential Tenancies Act
2. Residential Tenancies Tribunal: Residential Tenancies Tribunal official site

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