Disabled renters in New Brunswick have specific protections under provincial tenancy law and human rights rules. This guide explains what rights tenants with disabilities have when a landlord seeks eviction, how to ask for reasonable accommodations, and what practical steps to take if you receive a notice. It covers timelines, evidence to gather, and how the Residential Tenancies Tribunal and human rights processes can help resolve disputes. If you are a tenant facing an eviction or need an accessible modification, this article aims to give clear, practical steps and links to the official forms, tribunal, and supports available in New Brunswick so you can act quickly and confidently.
How disability discrimination and tenancy law interact in New Brunswick
New Brunswick tenants are protected by both the province's residential tenancy rules and human rights legislation. A landlord cannot evict or treat a tenant differently because of a disability without a valid legal reason. If a tenant requests a reasonable accommodation — for example, a grab bar, a ramp, or a service animal exception — the landlord must consider the request and cannot refuse arbitrarily. When an eviction is related to a disability, tenants may have extra procedural protections or available defences when bringing their case to the Residential Tenancies Tribunal or a human rights body.[1]
Common eviction reasons and what they mean for disabled tenants
Some evictions are for non-payment of rent, others for damage, illegal activity, or the landlord's need to occupy the unit. When a tenant's disability affects the situation — for example, a medical condition causes delayed rent or mobility needs affect appliances — tenants should explain the circumstances and provide supporting evidence such as a medical note or receipts. Communicate early and request reasonable accommodation rather than waiting for an eviction process to start.
If you get an eviction notice
Read the notice carefully and check the stated reason and any deadline. Many notices include a deadline to remedy a problem or vacate the unit. Missing a deadline can limit your options, so respond promptly in writing and keep a copy.
Practical steps to protect your rights
- Read the eviction notice and note any deadlines and the stated ground for eviction.
- Gather evidence: leases, rent receipts, medical notes, photos, and written accommodation requests.
- Contact the landlord to discuss an accommodation or remedy; always follow up in writing and keep copies.
- If you cannot resolve it, apply to the Residential Tenancies Tribunal or seek help from a legal clinic.
When you communicate your accommodation request, be clear about the modification you need, why it is necessary, and how it can be implemented with minimal disruption. If the landlord denies the request, ask for the reason in writing so you have a record.
Official forms and when to use them
Use official provincial forms when filing disputes or responding to notices. Examples of commonly used documents include the application to the Residential Tenancies Tribunal and the formal response to an eviction notice. These forms explain deadlines and required attachments and are the correct way to start a tribunal process.[2]
Practical examples
- If you received a notice for rent arrears but missed payment due to a disability-related expense, file a tribunal application and include bank records and a brief medical note.
- If you requested a ramp and the landlord refuses, save your written request and any reply; you can bring those to the tribunal or a human rights complaint.
Appearing before the Residential Tenancies Tribunal
The tribunal hears disputes about evictions, rent, repairs, and related tenancy matters. Prepare by organizing documents, lining up witnesses if applicable, and practicing a short explanation of your request or defence. The tribunal will consider both tenancy law and, where relevant, evidence about disability and accommodation.
FAQ
- Can a landlord evict me solely because I have a disability?
- No. A landlord cannot evict a tenant solely because of a disability; any eviction must be based on valid legal grounds and not discriminatory motives.
- What is a reasonable accommodation and who pays for it?
- A reasonable accommodation is a change that allows a tenant to use the rental unit (for example, grab bars or a ramp). Responsibility for cost depends on the modification; some accommodations may be low-cost and the landlord must consider paying, while structural or costly changes can be subject to negotiation or tribunal direction.
- How quickly should I act after getting an eviction notice?
- Act immediately: read the notice, follow any remedy steps, gather evidence, and file with the tribunal before deadlines expire.
How-To
- Document the issue: collect leases, receipts, photos, and written accommodation requests.
- Respond to the eviction notice in writing and request reasonable accommodation if applicable.
- Try to negotiate an agreement with your landlord and keep all messages and replies.
- If negotiation fails, file the appropriate tribunal application and attach your evidence.
- Attend the hearing prepared, present facts clearly, and ask for any reasonable remedies the tribunal can order.
Help and Support / Resources
- Residential Tenancies Tribunal website
- Official tenancy forms and guides
- Residential Tenancies Act (New Brunswick)
