What counts as compassionate grounds?
Compassionate grounds are serious, unexpected circumstances that make it unsafe or unreasonable for a tenant to remain in their rental. Common examples include a sudden terminal illness, a disability that requires an accessible unit not available at the current address, an urgent need to provide full-time care for a close family member, or official orders related to health and safety. Each case is assessed on its facts; the tribunal looks for clear, time-sensitive reasons that cannot be addressed by reasonable accommodation.
How to prepare your case
Good preparation increases the chance of a smooth outcome. Collect documents that explain the urgent need to leave and show timing, such as medical letters, discharge summaries, relocation orders, or written statements from health professionals. Keep copies of communication with your landlord about the issue and any attempts to find alternatives.
- Collect medical or professional letters explaining why you must move and dates when the change took effect.
- Save all emails and texts with your landlord about the situation, including offers to negotiate.
- Gather your lease, notices, and any prior tribunal or municipal orders that affect habitability or safety.
- Document efforts to mitigate harm (e.g., searching for an accessible unit or offering to re-rent the space).
Filing official forms and the tribunal process
In New Brunswick tenants who cannot negotiate a voluntary exit may apply to the Residential Tenancies Tribunal for relief. The typical form is the "Application to the Residential Tenancies Tribunal" (application name may vary by year). Use this form to explain compassionate reasons, attach supporting documents, and request an order to end the lease without penalty. After filing, the tribunal will schedule a hearing where both tenant and landlord can present evidence.[1]
What forms you may need
Common official items tenants use include:
- Application to the Residential Tenancies Tribunal — used to start a tribunal case asking for early termination; for example, attach a doctors note showing a required move-to-care facility and request an order ending the lease as of a specific date.[3]
- Notice to Landlord (if applicable) — a written notice informing the landlord you are seeking a compassionate exit and asking to negotiate before applying to the tribunal.
- Supporting affidavits or letters — sworn statements or professional letters that explain timing and necessity.
After you apply: hearings and orders
Once your application is accepted the tribunal sets a hearing. Attend the hearing prepared to summarize key facts, present documents, and explain mitigation efforts. The tribunal may grant an order ending the tenancy immediately, on a set date, or may deny the request if grounds are not shown. If an order is granted, it will state any conditions — for example, payment of part of the rent until a new tenant is found.
Alternatives to tribunal action
Not every compassionate need requires tribunal intervention. Consider:
- Negotiated exit with the landlord — propose a mutually acceptable termination date and written agreement.
- Finding a replacement tenant or subletting if your lease allows — this can reduce or avoid penalties and may be faster.
- Seeking help from local tenant support groups or social services for relocation assistance.
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FAQ
- What qualifies as compassionate grounds in New Brunswick?
- Compassionate grounds are urgent, exceptional circumstances such as serious illness, disability needs, or caregiving obligations that make it unreasonable for a tenant to remain; the tribunal reviews evidence and timing when deciding.
- Do I need a doctors note to apply?
- Medical documentation is not always required but is often the strongest evidence; a letter from a health professional explaining why relocation is necessary and its timing helps the tribunal assess your claim.
- How long does a tribunal decision take?
- Timelines vary by caseload; after filing you will receive a hearing date and the decision is usually issued shortly after the hearing, but delays can occur during busy periods.
How-To
- Gather documentation: medical letters, safety orders, lease, and communication with your landlord.
- Talk to your landlord: explain the situation and ask if a voluntary termination or agreement is possible.
- File the application with the Residential Tenancies Tribunal, attach documents, and pay any filing fee if required.[1]
- Attend the hearing, present your evidence, and be ready to answer questions about timing and mitigation steps.
- If the tribunal grants termination, follow the orders timeline and arrange your move or alternative housing.
Key Takeaways
- Compassionate early termination is possible but requires timely, clear evidence and following tribunal procedure.
- Document medical or safety reasons and keep organized records of landlord communication.
- Try negotiating an exit first; use the tribunal when negotiation fails or urgency requires formal action.
Help and Support / Resources
- Residential Tenancies Tribunal (Service New Brunswick)
- Residential Tenancies Act (New Brunswick)
- New Brunswick housing and rental resources
