Living in New Brunswick means winter weather can create slippery, unsafe common areas outside apartments and rental homes. Tenants and renters often want to know who must clear snow and ice, who pays for contractors, and what to do if a landlord does not act. This guide explains typical landlord and tenant responsibilities under New Brunswick rules, how to document hazards, practical steps to request repairs or clearing, and when to use official forms or contact the tribunal. It also covers safety tips for avoiding slips and how to preserve evidence if you need a formal decision. Use this information to protect your health and rights while keeping communication clear and steps documented.
What counts as common areas?
Common areas are shared spaces that all tenants use and that a landlord usually maintains. Examples include walkways, parking lots, shared driveways, entry steps, building entrances and common sidewalks on rental property grounds. The exact definition can depend on your lease and how the property is managed.
Who is responsible for snow clearing?
In most New Brunswick rentals the landlord is responsible for keeping common areas reasonably safe, which generally includes snow and ice removal on shared walkways and entry points.[1] Check your lease for any specific provisions about snow clearing or cost-sharing with tenants.
- Arrange and pay for regular snow clearing and ice control on shared walkways and entrances.
- Keep emergency egress routes clear so tenants can safely leave the building.
- Ensure contractors hired for snow removal follow safe practices and remove hazards promptly.
When a lease shifts responsibility
Some leases include clauses assigning certain outdoor maintenance tasks to tenants, such as clearing a designated parking area or path. Such clauses must be clear and reasonable; an outright attempt to remove all landlord obligations may be subject to challenge. If you're unsure, review the clause and keep communication in writing. For basic rules about landlord and tenant duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What tenants should do
Tenants can take practical steps to protect safety and preserve evidence if a clearing issue arises. Begin with clear, dated communication and documentation.
- Take photos or video of the hazard with timestamps and keep a short log of when you reported it.
- Send a written request to the landlord or property manager describing the problem and the location; keep a copy.
- Use reasonable personal precautions (salt or sand) for immediate safety, but notify the landlord that you did so and keep receipts if you plan to seek reimbursement.
When to contact the tribunal and official forms
If the landlord does not respond or the hazard creates a significant safety risk, you may apply to the Residential Tenancies Tribunal for a remedy and possibly an order to require clearing or compensation.[2] Before applying, use the official forms and follow the tribunal's filing instructions.
- Application to the Residential Tenancies Tribunal (use this to ask for an order when informal requests fail). Example: you reported icy stairs in writing, waited the specified time, and the landlord did not act — file an application with evidence attached.
- Notice or written request templates (use to document your initial report). Example: send a dated email or letter describing the exact location, photos, and a deadline for action.
- Evidence checklist (photos, incident log, receipts for salt or cleaning, witness contact information) to attach to any tribunal filing.
FAQ
- Who usually clears snow in rental common areas?
- Landlords are typically responsible for clearing shared entrances, walkways and parking areas unless the lease clearly assigns a specific area to a tenant.
- Can my landlord charge me for snow clearing?
- A landlord may charge tenants only if the lease explicitly allows cost-sharing and the arrangement complies with New Brunswick rules; always review your lease and get details in writing.
- What if my landlord ignores dangerous ice or snow?
- Document the hazard, send a written request, and if there is no reasonable response you can apply to the Residential Tenancies Tribunal using the official application form and attach your evidence.[3]
How-To
- Document the hazard: take photos or video and note the date and time.
- Notify the landlord in writing with details and a reasonable deadline to fix the issue.
- Wait the reasonable time period indicated in your notice; follow up if there is no response.
- If the problem continues, file the tribunal application with your evidence and any receipts.
Key Takeaways
- Keep dated photos and a short log of hazards and communications.
- Send clear written requests to your landlord before filing official forms.
- Use the tribunal process when informal steps do not resolve a safety risk.
Help and Support / Resources
- Residential Tenancies Tribunal — Government of New Brunswick (forms and filing information)
- Government of New Brunswick — Public safety guidance for winter hazards
- Residential Tenancies legislation and regulations — Government of New Brunswick
- [1] Residential Tenancies Act — Government of New Brunswick
- [2] Residential Tenancies Tribunal — Government of New Brunswick
- [3] Tribunal forms and application instructions — Government of New Brunswick
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