Common Landlord Violations and Penalties in New Brunswick

Facing issues with your landlord in New Brunswick? Understanding the most frequent landlord violations—and the penalties they may bring—not only protects your rights as a tenant but helps you respond with confidence and clarity. This guide explains the laws, your options, and practical steps, all based on current regulations and official resources in New Brunswick.

Key Landlord Obligations & Your Rights

Landlords in New Brunswick are required to follow the rules set out in the Residential Tenancies Act. This law outlines both landlord and tenant responsibilities, including:

• Maintaining a safe, healthy, and habitable living space
• Handling deposits and rent properly
• Following the correct procedure for entry into the rental unit
• Managing repairs and addressing health risks promptly

For a clear summary of rights and obligations, visit Tenant Rights and Landlord Rights in New Brunswick.

Most Common Landlord Violations in New Brunswick

Violations can range from minor issues to serious breaches. Some of the most common include:

• Failing to maintain the rental unit in a safe, sanitary condition (e.g., not fixing leaks, heating failures, or ignoring pest problems)
• Improper handling of security deposits—like keeping more than the law allows, not providing receipts, or refusing to return the deposit at the end of the tenancy
• Entering the unit without proper notice or consent
• Raising rent improperly, such as without sufficient written notice or above the legal limit
• Retaliatory eviction or harassment after a tenant asserts their rights

If you're facing unresolved issues with repairs, you may want to learn more about Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

Penalties Landlords Can Face

When a landlord fails to meet their legal responsibilities, they can face several consequences, including:

• Directed to complete repairs or comply with the law
• Having to pay compensation to tenants (such as returning illegal charges or deposit money)
• Administrative fines imposed by the Director of Residential Tenancies
• Orders to allow a tenant to remain in the rental if eviction rules were broken

All enforcement and penalties fall under the oversight of the Residential Tenancies Tribunal of New Brunswick.

Official Forms & How to Take Action

The Residential Tenancies Tribunal provides forms for both tenants and landlords. Here are key forms and practical examples:

• Application for Assistance (Form 6.1): Used if you believe your landlord violated your rights (e.g., didn't make necessary repairs, withheld your deposit, or entered your unit without notice). You can download and submit the form on the official provincial website. For instance, if your landlord refuses to repair a broken heater, fill out Form 6.1 and file it to request an investigation and resolution.
• Notice of Complaint (Form 6.2): If you want to submit a specific complaint about a landlord's action (like illegal entry or withheld deposit), complete this form from the official source. After submission, the Tribunal may schedule a hearing or direct the landlord to fix the violation.

Tenants who suspect their landlord is not meeting health or safety standards should consult Health and Safety Issues Every Tenant Should Know When Renting for further advice and resources.

Steps for Tenants: Dealing with Landlord Violations

If you encounter a violation, here are the general steps to take:

• Document the issue (photos, emails, notes of any interactions)
• Notify your landlord in writing with a clear description of the problem
• If the landlord does not resolve the issue promptly, complete and submit the relevant Tribunal form
• Keep copies of all your documents and Tribunal communications
• Follow up for a Tribunal decision or order

Understanding the Legislation

All rules and rights mentioned are covered in the New Brunswick Residential Tenancies Act. You can read the full text using this direct link to the Residential Tenancies Act.

Explore Houseme for nationwide rental listings and find secure, reliable rental options anywhere in Canada.

FAQs for Tenants in New Brunswick

1. What should I do if my landlord refuses to make repairs? Document the repair need, write to your landlord requesting timely action, and if unresolved, submit Form 6.1—Application for Assistance—to the Tribunal.
2. How much can a landlord charge for a security deposit? Landlords in New Brunswick can charge up to one month's rent as a deposit. If overcharged or denied a receipt, file a complaint using the Tribunal's forms.
3. Can my landlord enter my unit without permission? No, except in emergencies. Otherwise, they must give at least 24 hours' written notice and enter only between 8 a.m. and 8 p.m., per the Act.
4. What happens if my landlord increases the rent without proper notice? The increase is not valid. Notify your landlord, and if not resolved, seek help from the Tribunal using the provided forms.
5. Where can I learn more about tenant and landlord rights in this province? Check out Tenant Rights and Landlord Rights in New Brunswick for detailed information.

Key Takeaways for Tenants

• Know your rights: Familiarize yourself with the Residential Tenancies Act and Tribunal processes.
• Take action quickly by documenting issues and using the proper forms.
• Penalties can help hold landlords accountable—pursue them if needed.

If you keep a record of communications and understand the steps above, you can assert your rights and resolve common issues more easily.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Forms, complaints, and advice
• Toll-Free Inquiry Line: 1-888-762-8600
• Legal Aid New Brunswick: Call 1-888-310-5000 or visit your regional office
• Community Legal Advice Services: Offered in many cities across New Brunswick
• For comprehensive info on landlord and tenant rights in your province, visit Tenant Rights and Landlord Rights in New Brunswick

---

1. New Brunswick Residential Tenancies Act — Full legislation text
2. Residential Tenancies Tribunal — Official government board
3. Official forms and complaint information — New Brunswick Tribunal Forms

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