Documenting Landlord Retaliation: Tenant Guide in New Brunswick

If you’re a tenant in New Brunswick and suspect your landlord is taking revenge action, documenting everything is critical. Retaliatory behaviour—from sudden rent increases after a complaint, to threats or unnecessary entry—can be challenging to prove, but New Brunswick law offers protection. Here’s how to secure your rights and effectively record every detail if you believe your landlord is acting unfairly.

What Is a "Revenge Action" by a Landlord?

A "revenge action" (also called retaliatory action) is when your landlord tries to punish you for asserting your legal rights. This can happen if you complained about repairs, requested maintenance, or reported a safety issue. Recognizing retaliation is the first step toward protecting yourself.

• Rent increase shortly after a complaint
• Eviction or threat of eviction after asserting your rights
• Unjustified entry into your rental unit
• Refusing necessary repairs or maintenance requests

In New Brunswick, tenants have clear rights protected by law. For a summary, see Tenant Rights and Landlord Rights in New Brunswick.

Why Documentation Matters

Documenting every incident helps you build a strong case if you need to file a complaint or seek help with the province’s Residential Tenancies Tribunal. Memories fade, but written records, photos, and relevant forms remain powerful evidence.

How to Document Suspected Retaliation: Step-by-Step

Careful and consistent documentation may protect you from further harm and support your case if an official dispute arises.

1. Keep a Written Log

• Note dates, times, and details of any questionable actions by your landlord
• Include what led to each incident (e.g., "Sent maintenance request on March 1; rent increased on April 1 with no prior notice.")

Tip: Use a notebook, phone notes, or email drafts to keep your timeline organized and up to date.

2. Collect Physical Evidence

• Take photos or videos of issues (for example, unrepaired problems or posted notices)
• Keep copies of written communication (texts, emails, letters) with your landlord
• If possible, record the names and contact information of any witnesses

3. Keep Copies of Important Forms and Notices

If you received any official form or notice related to eviction, rent increase, or property entry, save a copy. For example:

• Notice of Rent Increase: New Brunswick landlords must provide at least three months’ written notice of any rent increase. Retain a copy of the notice and envelope (with postmark, if mailed).
• Notice of Termination: If you get an eviction notice, keep the notice and note the delivery date.
• Maintenance Requests: Save every written request (e.g., email or maintenance form) you’ve sent to your landlord.

4. Use the Official Complaint Forms

The Residential Tenancies Tribunal manages rental dispute complaints in New Brunswick. Tenants can use these forms:

• Application to the Residential Tenancies Tribunal (Form 6):
  Official Form 6 (PDF)
  When to use: If you believe your landlord is retaliating, submit Form 6 to request an investigation or a hearing.
  How to use: Complete the form with full details and your documentation, then submit it online or in person. For example, if your landlord increased your rent right after a complaint, describe this sequence on the form.

For more on handling maintenance or urgent repairs, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.

5. Contact the Residential Tenancies Tribunal

• New Brunswick’s tribunal is the Residential Tenancies Tribunal

They handle complaints about retaliatory actions and can order remedies if your rights as a tenant are violated.

What Does New Brunswick Law Say?

Your protections against landlord retaliation come from the Residential Tenancies Act of New Brunswick¹. It prohibits landlords from increasing rent, threatening eviction, or otherwise punishing tenants for exercising their rights, such as requesting repairs or filing complaints.

Practical Example

If you reported a lack of hot water and your landlord responded by threatening eviction, keep every message and note the sequence. Submit Form 6 and include all your notes as supporting evidence.

If this situation puts your safety or tenancy at immediate risk, get legal advice through a tenant support service right away. For more guidance on common rental problems, see Common Issues Tenants Face and How to Resolve Them.

For a wide selection of verified apartments and homes across the country, Browse apartments for rent in Canada on Houseme.

FAQ: Documenting Revenge Actions in New Brunswick Rentals

1. What counts as evidence of landlord retaliation?
   Evidence can include written records, photos, dated correspondence, and witnesses who observed retaliatory actions. The more detailed your records, the stronger your case.
2. Can my landlord evict me for complaining about repairs?
   No, New Brunswick law prohibits eviction or any negative consequences simply for asserting your tenant rights, such as making a repair complaint.
3. How soon should I submit Form 6 if I suspect retaliation?
   You should submit Form 6 as soon as possible after a retaliatory action so the Residential Tenancies Tribunal can investigate your case.
4. Do I still have to pay rent while a complaint is being reviewed?
   Yes, continue to pay rent as usual. Withholding rent can put your tenancy at risk.
5. Where can I get more information about tenant rights?
   Visit Tenant Rights and Landlord Rights in New Brunswick for local laws and dispute resolution options.

Key Takeaways

• Document every suspected retaliatory action in writing, with dates and details.
• File complaints using the official Form 6 when necessary.
• Contact the Residential Tenancies Tribunal for fair dispute resolution.

Staying proactive protects your rights and helps ensure a fair outcome if disputes arise.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal: Official Tribunal Website – Submit complaints or learn more about tenant protection.
• Application to the Residential Tenancies Tribunal (Form 6): Download Form 6 (PDF)
• Tenants’ Rights Information: Tenant Rights and Landlord Rights in New Brunswick
• For province-wide support and dispute resolution, check the Residential Tenancies Tribunal.

---

1. Residential Tenancies Act of 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