If you rent a home or apartment in New Brunswick and you’ve made a complaint about conditions, repairs, or a landlord’s actions, you may worry about retaliation. Retaliation can include anything from eviction threats to negative changes in your rental agreement resulting from your complaint. This article explains your protections as a tenant, what steps to take if you suspect retaliation, and provides resources for safe, confident action.
Understanding Retaliation in New Brunswick Rentals
Retaliation occurs when a landlord takes negative action—such as raising rent, ending a lease, or refusing services—specifically because you exercised your legal rights, like filing a maintenance complaint. In New Brunswick, such actions are regulated by the Residential Tenancies Act.[1]
What Does Retaliation Look Like?
- Issuing an eviction notice right after you raise a complaint
- Sudden rent increase without proper notice and justification
- Refusal to perform routine repairs or maintenance
- Reducing services included in your tenancy
In all these cases, it’s important to document your interactions and keep records of your tenancy and communication with the landlord.
Legal Protections: What the Act Says
New Brunswick’s Residential Tenancies Act protects tenants who make genuine complaints or enforce their rights under the law. Landlords cannot evict or penalize you for doing so, and any attempt to do so may be challenged.
Who Oversees Tenancy Issues?
In New Brunswick, all tenancy disputes—including retaliation complaints—are handled by the Residential Tenancies Tribunal.
Taking Action: Steps if You Suspect Retaliation
If you believe your landlord is taking action against you because of a complaint, you should:
- Record all communications, including dates, times, and copies of texts, emails, and letters.
- Keep a record of your complaint, such as the maintenance request or the form you submitted.
- Respond to any notices according to deadlines shown on official forms.
- Apply to the Residential Tenancies Tribunal to challenge an eviction or unfair action.
Relevant Official Forms
- Application for Assistance (RT Form 1): Used to start any inquiry or dispute resolution at the Residential Tenancies Tribunal—including a challenge to a notice of termination you believe is retaliatory. Access RT Form 1 here. Example: A tenant receives a termination notice soon after a complaint; this form can be filed to open a case.
- Notice of Termination (RT Form 6): If you receive this notice and suspect retaliation, use it as evidence and apply with RT Form 1 to dispute it. View RT Form 6 here.
You must act quickly. There are often short timelines for challenging a termination or retaliation—typically within seven days of notice. Always read your notice carefully.
Common Motives for Retaliation
Landlords might retaliate if tenants report major repairs, health, or safety problems. Protect your right to a safe home by learning about Health and Safety Issues Every Tenant Should Know When Renting.
Retaliation can also occur when tenants ask about their lease terms, rent increases, or deposits. See How to Handle Complaints in Your Rental: A Tenant’s Guide for guidance on filing concerns the right way.
How the Tribunal Handles Retaliation Complaints
The Residential Tenancies Tribunal reviews all the evidence and considers the timing and circumstances of any landlord action. If they find a landlord acted mainly as a result of your complaint, that action may be cancelled or overturned.
- Tribunal decisions are guided by evidence, law, and the fairness principle.
- Either party can be represented and provide documentation.
Other Tenant Rights in New Brunswick
Beyond retaliation, tenants have rights to proper notice, repairs, and use of their home. Learn more at Tenant Rights and Landlord Rights in New Brunswick.
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FAQ: Tenants and Retaliatory Actions
- What should I do if my landlord issues an eviction after I file a complaint?
File an Application for Assistance (RT Form 1) with the Residential Tenancies Tribunal as soon as possible, attaching copies of your correspondence and any notices received. - How fast do I need to respond to a notice I think is retaliatory?
Respond within seven days of receiving a termination notice by submitting RT Form 1 to the Tribunal. - Is it legal for my landlord to raise the rent because I asked for repairs?
No, it is not legal for landlords to increase rent solely because of a repair request. Any rent increase must follow legal process and appropriate notice under the Residential Tenancies Act. - Can I be evicted for reporting a major safety or health issue?
No, you are protected from eviction for making good-faith complaints about health and safety concerns. Document your actions and respond quickly to any notice. - Where can I get help completing forms or understanding my rights?
Contact the Residential Tenancies Tribunal or tenant support services in New Brunswick for guidance on forms and legal rights.
Key Takeaways for New Brunswick Tenants
- New Brunswick law protects tenants from retaliation after making legitimate complaints.
- Respond quickly to any notice you believe is retaliatory by filing the appropriate form.
- Document all interactions and keep detailed records of complaints and landlord responses.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal, Province of New Brunswick (inquiries, form submission, general rights information)
- Phone: 1-888-762-8600 (Service New Brunswick general inquiries - ask for Residential Tenancies)
- Residential Tenancies Forms Page (all official forms including applications and notices)
- Local legal aid offices or community legal clinics: for advice in complex disputes
