Dispute Resolution & LTB FAQ for New Brunswick Tenants

If you’re a tenant in New Brunswick facing issues like rent increases, evictions, or problems with your landlord, understanding how dispute resolution works is essential. In this guide for 2024, we cover the key questions about tenant rights, the Residential Tenancies Tribunal (RTT), and practical steps you can take to protect yourself and resolve housing disputes in New Brunswick. Whether you need help with a complaint, want to know about official forms, or just need peace of mind, this page offers accessible answers and clear action steps.

Understanding Dispute Resolution for Tenants in New Brunswick

In New Brunswick, the Residential Tenancies Tribunal (RTT) oversees residential tenancy disputes between landlords and tenants. The Tribunal enforces the Residential Tenancies Act (New Brunswick)^[1] and provides a fair way to resolve disagreements, including issues around rent, maintenance, eviction, deposits, and more.

What Kinds of Disputes Can Tenants Bring to the RTT?

Common disputes resolved by the RTT include:

• Problems with rent payments, increases, or repayment plans
• Repairs and maintenance disagreements
• Disputes over security or damage deposits
• Eviction notices or lease termination
• Illegal entry or privacy issues

For further details on problems tenants may encounter, check Common Issues Tenants Face and How to Resolve Them.

Key New Brunswick Tenant Rights and Law

Tenants are protected by New Brunswick’s Residential Tenancies Act, which lays out rights and duties for both landlords and tenants. Find a straightforward overview on the Tenant Rights and Landlord Rights in New Brunswick page.

What Official Forms Should Tenants Know?

• Notice of Termination (Form 1): Used to end a tenancy, either by the tenant or landlord. Tenants must give proper notice, typically 1 month for monthly leases. Download Notice of Termination (Form 1)
• Application for Assistance (Form 3): Submit this form to the RTT to resolve disputes, such as non-repair of major issues or a contested rent increase. Download Application for Assistance (Form 3). For example, if your landlord refuses to repair unsafe plumbing, this is the right form to use.
• Security Deposit Submission (Form 2): Used when moving in or out of a rental unit to confirm deposit handling. Download Security Deposit Submission (Form 2)

Before you move out, ensure you understand the deposit return process. For a broader view, see Understanding Rental Deposits: What Tenants Need to Know.

How Does the Dispute Process Work?

Dispute resolution with the RTT is designed to be tenant-friendly and accessible, even if you don’t have a lawyer. Here’s a typical flow:

• Attempt to resolve the issue directly with your landlord in writing.
• If unresolved, complete and submit the appropriate RTT form (e.g., Form 3).
• The Tribunal reviews your application and notifies both parties.
• A hearing or mediation may be scheduled, primarily by written submissions or telephone.
• The RTT issues a decision (“Order”) binding both parties.

Rent Increases and Your Rights

In New Brunswick, landlords may increase rent after providing written notice at least three months in advance. There is no annual rent cap, but increases must be reasonable and not considered retaliatory. If you receive a notice and believe the increase is unfair, you can challenge it with Form 3 at the RTT. To learn more, read Understanding Rent Increases: What Tenants Need to Know.

Eviction Process and Tenant Protections

Evictions can only happen after proper notice and valid reasons (e.g., non-payment, major lease breach). If you get an eviction notice:

• Check that notice requirements are met
• If you disagree, file an Application for Assistance (Form 3) immediately—timing is critical
• The Tribunal will review the case and pause eviction if necessary until a decision is made

If you’re unsure about your rights, get personalized help with the resources listed below.

What If Repairs or Maintenance Are Ignored?

Landlords must ensure your unit meets health, safety, and maintenance standards. You can request repairs in writing, and if the problem is not fixed in a timely way, apply to the RTT using Form 3. For routine repairs and your responsibilities, check Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

Tips for Successful Dispute Resolution

• Act quickly—deadlines are strict for objections and applications
• Use official forms and submit them correctly
• Be clear, polite, and factual in all communication
• Document everything

For a comprehensive rental search, Browse apartments for rent in Canada on our partner site.

Frequently Asked Questions

1. How do I apply to the Residential Tenancies Tribunal?
   You must submit the correct form (usually Application for Assistance, Form 3) to the RTT along with any supporting documents. Submit by mail, email, fax, or in person at a Service New Brunswick office.
2. What can I do if my landlord won’t make urgent repairs?
   Request repairs in writing and, if still ignored, submit Form 3 to the Tribunal. If the situation is hazardous, mention this on your application for quicker response.
3. How much notice does my landlord need to give for a rent increase?
   At least three months' written notice is required. If you think the increase is unfair, you can challenge it using Application for Assistance (Form 3).
4. Am I protected from eviction while a dispute is being heard?
   If you have filed a timely Form 3 in response to an eviction notice, the process is paused until the Tribunal decides your case.
5. How do I make sure I get my damage deposit back?
   Leave the unit clean with no damage, complete a move-out inspection with your landlord, and ensure Form 2 is submitted if applicable.

How To: Resolve a Tenant-Landlord Dispute in New Brunswick

1. How do I file a complaint with the Residential Tenancies Tribunal?
   Fill out the Application for Assistance (Form 3), attach evidence (photos, letters, receipts), and submit it to the RTT by mail, email, or at a Service New Brunswick office.
2. How do I respond to an unfair rent increase?
   Review the notice, and if you disagree, file an Application for Assistance (Form 3) within the required period to challenge the increase.
3. How do I formally request repairs or maintenance?
   Send your landlord a written request describing the issue. If there is no response, escalate by submitting Form 3 to the Tribunal.
4. How do I avoid eviction after receiving a notice?
   Read the notice carefully, and if you have grounds, file an Application for Assistance (Form 3) promptly to halt the eviction until a hearing is held.
5. How do I document my case for dispute resolution?
   Keep all relevant documentation, such as emails, letters, photographs, and receipts, organized and ready to share with the Tribunal.

Key Takeaways

• Most tenancy disputes in New Brunswick are handled by the Residential Tenancies Tribunal using accessible forms.
• Timely action and documentation are vital for protecting your rights.
• Official forms like Notice of Termination, Application for Assistance, and Security Deposit forms help resolve most disputes.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (RTT) – Official Portal
• Contact the RTT by email, phone, or in person
• Legal Aid New Brunswick: 1-888-622-4660 or Legal Aid NB
• Tenant Rights and Landlord Rights in New Brunswick

---

1. Residential Tenancies Act (New Brunswick)

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