Eviction for Complaints: Tenant Rights in New Brunswick

If you're renting in New Brunswick and considering contacting the Residential Tenancies Tribunal or city inspectors about issues in your rental, you might be wondering, “Can my landlord evict me for this?” Understanding your rights is key to protecting yourself from unfair treatment and unlawful evictions in the province.

Can You Be Evicted for Filing Complaints in New Brunswick?

Under New Brunswick law, you cannot be legally evicted simply because you contacted the Residential Tenancies Tribunal (Residential Tenancies Tribunal) or a city inspector about your rental unit. Doing so is considered a type of retaliation, which is not permitted by the Residential Tenancies Act (RTA)^[1].

What Is Retaliatory Eviction?

Retaliatory eviction occurs when a landlord tries to end a tenancy because a tenant exercised a legal right, such as:

• Filing a complaint with the Residential Tenancies Tribunal
• Contacting health or safety inspectors about housing issues
• Requesting repairs or reporting maintenance problems

New Brunswick’s laws are designed to protect tenants from this kind of treatment.

Your Rights as a Tenant in New Brunswick

Tenants in New Brunswick have specific rights and protections.

• You are entitled to a safe, healthy, and well-maintained home.
• You can contact the Tribunal or city inspectors if there are problems affecting your living conditions.
• Landlords cannot legally evict you or threaten eviction exclusively because you exercised your rights.

For a full overview, see Tenant Rights and Landlord Rights in New Brunswick.

Grounds for Legal Eviction

While landlords cannot evict you for making complaints, they can apply to end your tenancy for specific legal reasons, such as:

• Non-payment of rent
• Causing significant damage to the property
• Repeated breach of lease terms (excluding complaint-related actions)

All evictions must follow the procedures set by the Residential Tenancies Tribunal.

Process for Raising Complaints or Concerns

Raising legitimate concerns with the Tribunal or inspectors helps keep your rental home safe and habitable. If you need to make a formal complaint, there are clear steps you can follow:

• Contact your landlord in writing about the issue, requesting a prompt solution
• If unresolved, file a complaint with the Residential Tenancies Tribunal
• For health or safety issues, contact your local city or municipal inspector

Official Forms for Tenants

The Residential Tenancies Tribunal provides specific forms for complaints and disputes, like:

• Form 13 – Application to the Tribunal: Use this form to apply to the Tribunal for dispute resolution if your landlord tries to evict you for a complaint or doesn’t address significant issues. Download Form 13. Fill out your concern, include any evidence (e.g., written requests, inspection reports), and submit as directed on the form.
• If you receive a Notice of Termination (Form 8 or Form 11), you have the right to dispute it. Respond promptly by contacting the Tribunal and using Form 13 to file your objection.

All forms and instructions are available through the official Residential Tenancies Tribunal website.

Common Issues After Making a Complaint

After you submit a formal complaint, some tenants worry about retaliation. If you experience sudden threats of eviction or other negative actions by your landlord, know that these could be unlawful if related to your complaint. Keep all records of communication and Tribunal responses.

You may also find it helpful to read Common Issues Tenants Face and How to Resolve Them and Health and Safety Issues Every Tenant Should Know When Renting for more information on your options and protections.

Summary: Can You Be Evicted for Contacting the Tribunal or Inspectors?

Eviction solely for exercising your rights is not legal in New Brunswick. Always seek help if you feel your rights are threatened.

Frequently Asked Questions

1. Can my landlord end my lease in New Brunswick for contacting city inspectors?
   No. Retaliation for exercising your legal rights, like calling inspectors, is not allowed under provincial law.
2. What should I do if I get an eviction notice after making a complaint?
   Gather your evidence (emails, reports, forms) and contact the Residential Tenancies Tribunal as soon as possible. File a dispute using the appropriate form.
3. How do I file a complaint with the Residential Tenancies Tribunal?
   Complete and submit Form 13 – Application to the Tribunal, either online or in-person. Include all relevant details and supporting documentation.
4. Does my landlord need a reason to evict me?
   Yes. All eviction actions must be based on valid grounds stated in the Residential Tenancies Act, such as unpaid rent or serious lease violations.
5. Where can I search for a new rental if I need to move?
   You can browse apartments for rent in Canada quickly and easily online.

Key Takeaways

• Landlords cannot legally evict you in response to complaints made to the Tribunal or city inspectors.
• Use official forms and appeal processes if faced with eviction after raising a concern.
• Always keep records and respond quickly to any notices from your landlord.

Knowing your rights can help you navigate landlord-tenant issues and protect your home.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick): Help with disputes, forms, and tenant services
• New Brunswick Tenant Assistance
• For legal questions, contact Service New Brunswick’s Rental Services at 1-888-762-8600
• Review your legal rights at Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act, S.N.B. 2013, c.111, s.28.1, New Brunswick
2. Government of New Brunswick – Residential Tenancies Tribunal
3. Form 13 – Application to the Tribunal (NB Tribunal)

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