How Landlord Fines Are Determined in New Brunswick

If you’re renting in New Brunswick and worried about a landlord’s compliance with the law, it’s important to know how penalties are determined when rules are broken. Fines are part of the system designed to encourage landlords to follow the Residential Tenancies Act (New Brunswick), protecting your rights as a tenant.

This guide walks you through how fines are calculated, common landlord offences, and practical steps tenants can take when landlords break the rules in New Brunswick.

Who Enforces Landlord Fines in New Brunswick?

In New Brunswick, rental disputes and fines are handled by the Residential Tenancies Tribunal. This independent body administers the Residential Tenancies Act, oversees landlord-tenant complaints, and imposes penalties when necessary.^[1]

What Landlord Offences Can Lead to a Fine?

Landlords can face fines for breaking specific landlord-tenant rules, especially repeated or serious violations. Common fine-triggering offences include:

• Entering the rental property without proper notice
• Failing to maintain a safe and healthy unit
• Not returning a rental deposit on time or in full
• Unlawful eviction or “self-help” eviction
• Retaliation against tenants who exercise their rights

If you're unsure about your landlord's obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for a helpful overview.

How Are Landlord Fines Calculated?

Fine amounts in New Brunswick aren’t random. According to the Residential Tenancies Act (New Brunswick), the amount:

• Depends on the type and seriousness of the offence
• Considers whether it’s a first-time or repeat violation
• May reflect if the action affected the tenant’s health or safety
• Can be higher if the landlord ignored previous warnings or Tribunal orders

As of 2024, the Act allows fines up to $10,200 per offence, though many fines are lower—especially for first-time violations.^[2]

Key Takeaway: Fines are designed to ensure landlords comply with housing standards and treat tenants fairly. They’re typically higher if tenant safety or deposits are involved.

Examples of Landlord Fines

Here are some scenarios where fines might be issued:

• A landlord ignores repeated Tribunal orders to repair fire safety equipment
• Deposit money isn’t returned (see Understanding Rental Deposits: What Tenants Need to Know)
• A landlord attempts an illegal eviction without following the proper notice process

How Tenants Can Report Landlord Offences

Tenants who believe a landlord has broken the law should document the issue and file a complaint with the Residential Tenancies Tribunal. The Tribunal will review the complaint, investigate if required, and may issue a fine if the landlord is at fault.

Key Forms and How to Use Them

• Residential Tenancies Tribunal Application Form: Used to formally report landlord violations, such as safety or deposit issues. Download the form from the official New Brunswick Tenancies Forms page. Example: If your landlord ignores repeated repair requests, submit this application with supporting evidence to trigger a Tribunal investigation.
• Request for Order of the Tribunal: If the issue is serious and ongoing (like lack of essential repairs), you may request an official order, which the landlord must follow. Found on the Forms section of the Tribunal site.

Be sure to keep records of correspondence and photographic evidence where possible.

What Happens After a Complaint Is Filed?

After you file a complaint:

• The Tribunal reviews your documentation
• Both parties may be asked to provide statements or attend a hearing
• If a landlord is found at fault, the Tribunal decides on the fine amount and issues a written decision
• Landlords are legally required to pay fines—the Tribunal can enforce payment

Understanding Your Tenant Rights

Knowing your rights is essential if you're navigating landlord compliance concerns. For a province-wide reference, visit Tenant Rights and Landlord Rights in New Brunswick. This resource outlines key protections for renters, including maintenance standards and what to expect when disputes arise.

FAQ: Landlord Fines in New Brunswick

1. What should I do if my landlord threatens me after I file a complaint?
   If your landlord retaliates, report this immediately to the Tribunal. Retaliation can increase the penalties your landlord faces.
2. Are all landlord offences punishable by fines?
   Not every minor issue will result in a fine, but repeat, serious, or health-threatening violations often do. The Tribunal uses discretion depending on the case.
3. How can I check if a landlord has outstanding fines?
   The Tribunal doesn’t publish a public list, but you may ask during Tribunal proceedings (such as if you’re party to a case).
4. Do fines affect my tenancy or rent amount?
   Fines are separate from your rent or lease obligations. You should not be asked to pay or share in the landlord’s fine.
5. How long does it take to resolve a complaint?
   Resolution time varies, but simple cases can take a few weeks. More complex hearings or investigations may take longer.

Conclusion: Key Takeaways on Landlord Offences and Fines

• Fines in New Brunswick aim to protect tenants and ensure fair, safe housing.
• The Residential Tenancies Tribunal investigates complaints and decides when to fine landlords.
• Keep detailed records and use official forms if you need to report an offence.

Staying informed helps you deal with issues confidently and uphold your rights as a tenant.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick): Official site. Main hub for complaints, forms, and tenant enquiries.
• New Brunswick Tenants Coalition: Offers information and advocacy. Find them via local community legal clinics.
• New Brunswick Legal Aid Services Commission: Legal aid may provide free assistance if you have complex tenancy issues.

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1. Residential Tenancies Tribunal, “Residential Tenancies Act and Regulations.” Official Website
2. Residential Tenancies Act (NB), S.N.B. 1975, c. R-10.2, Full Legislation (PDF)

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