How to File a Retaliation Complaint as a Tenant in New Brunswick
Retaliation by a landlord—such as eviction, a rent hike, or reduced services after a tenant asserts their rights—is not only unfair but may be illegal in New Brunswick. If you believe you are experiencing retaliation, it's important to understand the proper steps to file a complaint and protect your rights under the Residential Tenancies Act of New Brunswick.
Understanding Retaliation in New Brunswick Tenancies
Retaliation occurs when a landlord takes negative action against a tenant for exercising their legal rights—such as requesting repairs, making a complaint, or joining a tenants' association. In New Brunswick, it is illegal for a landlord to evict or penalize a tenant for these actions.
Common Examples of Retaliation
- Issuing an eviction notice after you request maintenance or repairs
- Raising the rent shortly after you complain about unsafe conditions
- Refusing to renew your lease after you report a health or safety issue
If you've experienced any of these situations after asserting your tenant rights, it may be considered retaliation.
Who Handles Rental Complaints in New Brunswick?
Residential tenancy matters and complaints are handled by the Residential Tenancies Tribunal of New Brunswick. This is the official board where tenants must file formal complaints—including those alleging retaliation.
How to File a Retaliation Complaint
Filing a complaint about retaliation involves gathering evidence, completing the required forms, and submitting your case to the Tribunal. Here’s a step-by-step overview:
- Document all relevant interactions: Save emails, letters, repair requests, and any landlord communications.
- Note the timeline: Show that negative actions occurred after you asserted your rights (such as after making a repair request).
- Contact the Tribunal: Prepare to submit an official complaint.
Official Forms for Filing a Complaint
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Form 6: Application by Tenant
When to use: If you believe your landlord is retaliating against you, you can use Form 6 to apply to the Tribunal for an order. For example, if you believe an eviction notice is retaliatory, use Form 6 to challenge the notice.
Where to find it: Residential Tenancies Tribunal – Form 6: Application by Tenant -
Form 7: Request for Hearing
When to use: If your case requires an in-person or virtual hearing, you may also complete Form 7 so the Tribunal can schedule a time for both sides to present evidence.
Where to find it: Residential Tenancies Tribunal – Form 7: Request for Hearing
Bearing in mind New Brunswick's process is mostly document-based, you’ll need to upload or deliver these forms to the Residential Tenancies Tribunal as soon as possible after the incident. The Tribunal will review your application, hear from both parties, and deliver a decision.
Tenants’ Rights and Landlords’ Duties
Both landlords and tenants have important responsibilities under New Brunswick's Residential Tenancies Act. Landlords can't take punitive action just because a tenant complains, requests repairs, or asserts their rights. To understand the balance of rights, you can review Obligations of Landlords and Tenants: Rights and Responsibilities Explained, which outlines what each party must do during a tenancy.
The Tenant Rights and Landlord Rights in New Brunswick page also provides a helpful overview of your legal protections—including rules about eviction, rent increases, and safety.
What to Expect After Filing a Complaint
After submitting your complaint, the Tribunal may ask for more evidence, schedule a hearing, or offer a written decision based on your form submissions. Outcomes may include cancellation of an eviction notice, orders to correct ongoing issues, or remedies like reimbursement for losses. It’s important to respond promptly to all Tribunal communications.
If you're unsure, reach out to tenant services or legal support for advice. Every situation is different, but taking action quickly can help protect your rights.
Additional Resources for Tenants
Learn more about protecting yourself against common rental issues by reviewing Common Issues Tenants Face and How to Resolve Them. You can also find rental homes across Canada on Houseme.
- Can my landlord evict me for requesting repairs?
No, your landlord cannot lawfully evict you because you've requested repairs or asserted your rights. This is considered retaliation and is prohibited under the law. - What proof should I collect if I suspect retaliation?
Keep a record of all repair requests, complaints, emails, photos, and any eviction notices or rent increases tied to your action. Documentation helps build your case. - How long does the complaint process take with the Tribunal?
Timelines can vary. After you submit your application, you may wait a few weeks for a response or hearing depending on case complexity and Tribunal workload. - Can I stay in my rental during the complaint process?
Yes, in most cases you may remain in your home while your complaint is being reviewed, unless the Tribunal orders otherwise for specific reasons. - Where can I get more information about tenant rights in New Brunswick?
For comprehensive details, visit Tenant Rights and Landlord Rights in New Brunswick.
Key Takeaways for Tenants
- Retaliation against tenants is not allowed under the Residential Tenancies Act.
- Keep records and file promptly using official Tribunal forms.
- Support is available to help navigate the complaint process and protect your rental rights.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal – New Brunswick: File complaints, get forms, or request info
- Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Free legal information and printed guides for tenants
- Tenant Rights and Landlord Rights in New Brunswick: Understand every aspect of your provincial rights
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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