Cooling Rights for Tenants During Heatwaves in New Brunswick

Extreme heat can make rental homes uncomfortable or even unsafe. As heatwaves become more common in New Brunswick, tenants want to know: does the law require landlords to provide air conditioning or other cooling during hot weather? This article explains tenant rights in New Brunswick, landlord responsibilities, and what steps you can take if your rental gets too hot.

Legal Requirements for Cooling in New Brunswick Rentals

In New Brunswick, there is no general legal requirement for landlords to provide air conditioning in rental units. The main legislation for tenants and landlords—the Residential Tenancies Act (RTA)—requires landlords to keep properties in "good state of repair" and meeting health and safety standards.^[1] However, air conditioning or cooling systems are not listed as essential services in the legislation.

Landlords must ensure rentals meet minimum health and safety standards set by municipal or provincial regulations; this typically covers providing heat, adequate ventilation, and ensuring windows can open, but not mechanical cooling.

What If My Lease Promises Air Conditioning?

If your lease or tenancy agreement specifically states that air conditioning (window, portable, or central) will be provided, the landlord must maintain it and keep it working during your tenancy. If not working, tenants can request repairs to restore promised cooling.

Health and Extreme Heat: Tenant Concerns

Extreme heat can pose health risks, especially for seniors, children, and people with medical conditions. Although landlords are not required by law to install or provide cooling, they cannot ignore conditions that could make the unit dangerous or uninhabitable due to heat.

Tenants concerned about health or safety should raise these issues with their landlord in writing. Issues that create unsafe living conditions may be considered Health and Safety Issues Every Tenant Should Know When Renting.

What Landlords Must Provide Under the Law

• Maintain the property so it's fit for habitation and meets all health requirements
• Ensure all services promised in the lease (including AC, if listed) are working
• Address hazards that make the property unsafe

What landlords are not required to do:

• Install or purchase air conditioning if none was provided with the unit
• Provide fans, portable ACs, or heat pumps unless specifically included in your agreement

What Tenants Can Do During a Heatwave

• Check your lease: See if AC or cooling is included, and what maintenance is promised
• Request to install your own cooling device (like a portable AC or window unit); you may need landlord approval
• Ask your landlord to address issues if heat makes the unit unsafe or uninhabitable
• Document health problems or unsafe conditions due to heat (photos, doctor notes, written complaints)

How to File a Complaint About Unsafe Heat

If your landlord will not address unsafe conditions, you can contact your local Public Health office to report hazards. If repairs or promised cooling (per your lease) are not provided, you may contact the Residential Tenancies Tribunal (RTT) for help.

The Tribunal uses Form 6 - Application for Assistance when tenants need help with landlord maintenance issues, including repairs or health and safety concerns. You can download the official form from the Government of New Brunswick site.^[2]

• When to use: When the landlord is not addressing promised services or unsafe conditions due to lack of cooling (if your unit is uninhabitable according to public health or municipal standards).
• How to use: Complete the form and submit it to the RTT. Attach copies of communications with your landlord, photos, and any supporting documents.

If you need additional information about rental rights and obligations in New Brunswick, be sure to read Tenant Rights and Landlord Rights in New Brunswick. For tenants facing multiple apartment issues, see Common Issues Tenants Face and How to Resolve Them.

Are Heat Waves an Emergency Situation?

Severe heat-related hazards might be considered emergencies if they make the unit uninhabitable, especially where public health warnings are in effect. However, simply being uncomfortable due to lack of AC is not an emergency under New Brunswick tenancy law. Report any urgent safety risks to the proper authorities and document your steps.

For more ways to find suitable homes with features like AC, Browse apartments for rent in Canada through the latest rental listings coast to coast.

FAQ: Tenants and Cooling During Heatwaves in New Brunswick

1. Does my landlord have to provide air conditioning in New Brunswick?
   No, unless your lease specifically includes AC. Landlords must provide heat and ventilation but not air conditioning by law.
2. Can I install a window or portable air conditioner myself?
   You usually need your landlord's permission before installing a window AC or other device. Always get approval in writing to avoid disputes.
3. What should I do if it's dangerously hot in my rental?
   First, notify your landlord in writing. If the unit is unsafe, contact Public Health. For unresolved repair or health issues, you can apply to the Residential Tenancies Tribunal using Form 6.
4. What if my health is affected by the heat?
   Document your health concerns and communicate with your landlord. If needed, seek help from medical professionals or public health officials, and inform the Tribunal if your rental becomes unfit for habitation.

Key Takeaways for Tenants

• Landlords are not legally required to provide air conditioning unless stated in your lease.
• Your unit must meet health, safety, and habitability standards at all times.
• For urgent or dangerous heat issues, communicate in writing and seek support from public health or the Residential Tenancies Tribunal if needed.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (RTT): New Brunswick's official tenancy board
• Read the Residential Tenancies Act (RTA) online
• Form 6 - Application for Assistance (PDF) for unresolved repair/health issues
• Contact your local Public Health office for urgent safety concerns
• See Tenant Rights and Landlord Rights in New Brunswick for a full overview of provincial tenant protections

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1. Residential Tenancies Act, SNB 1975, c R-10.2. View Residential Tenancies Act
2. Service New Brunswick, Residential Tenancies Tribunal, Rental Information and Forms

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