How to Prepare Evidence for Your LTB Hearing in New Brunswick

Facing a hearing with the New Brunswick Residential Tenancies Tribunal can feel overwhelming, especially if you’re a tenant worried about issues like eviction, repairs, or disputes with your landlord. Properly preparing your evidence is essential to presenting a strong case. This guide for New Brunswick tenants breaks down what counts as evidence, how to collect and organize it, and what official forms and resources you’ll need—all in plain language.

Understanding Your LTB Hearing in New Brunswick

In New Brunswick, landlord-tenant disputes are decided by the Residential Tenancies Tribunal (sometimes called the LTB, or Landlord and Tenant Board, in other provinces). This independent, government-run tribunal handles matters such as evictions, rent increases, security deposits, and repair disputes under the Residential Tenancies Act of New Brunswick^[1]. Hearings can be in-person, by phone, or via video.

What Evidence Should Tenants Gather?

Evidence is anything that supports your side of the story. The Tribunal needs proof, not just your statements. Evidence falls into these categories:

• Written documents: Lease or rental agreements, letters, emails, text messages, rent receipts, maintenance requests.
• Photos & videos: Images showing repairs needed, property condition, damages, or unsafe conditions.
• Official forms and notices: For example, eviction notices, rent increase notices, or Tribunal application forms.
• Witness statements: Written and signed statements from neighbours, roommates, or third parties who observed the events.
• Other records: Bank statements, medical notes (for health/safety issues), audio recordings (with permission only).

Think carefully about what evidence proves your claim. If your issue is maintenance or repairs, photos taken over time can be very persuasive. For disputes about deposits, lease clauses or receipts may be essential. For an excellent overview of your general rights, review Tenant Rights and Landlord Rights in New Brunswick.

How to Organize and Present Your Evidence

Well-organized evidence strengthens your case and makes it easier for the Tribunal officer to understand. Follow these tips:

• Arrange items chronologically: This helps show the sequence of events.
• Label each piece of evidence: Example: “Photo 1 - Kitchen leak, April 2024”.
• Make copies: Keep the original documents and provide copies to the Tribunal and your landlord in advance, as instructed by your hearing notice.
• Create an evidence list: Prepare a simple list describing each item and its significance.

Official Tribunal Forms Used in New Brunswick Hearings

Here are some common forms tenants might need for their hearing:

• Application to the Residential Tenancies Tribunal (Form 12.1): Used to start a dispute about issues such as eviction, deposit returns, or repairs. Download the official application here. For example, if your landlord is withholding your security deposit, fill out this form and submit it with supporting documents.
• Notice of Hearing: This official document details the time, date, and format of your hearing. It explains deadlines for submitting evidence.
• Withdrawal of Application (Form 12.2): If you resolve the dispute before the hearing and no longer wish to proceed, use this form. Access withdrawal form instructions here.

Attach your evidence to your application and submit it according to the instructions, whether by email, online or in person.

Sample Steps: Submitting Evidence to the Tribunal

• Review your Notice of Hearing for evidence submission deadlines.
• Collect all relevant documents, photos and witness statements.
• Complete and attach the appropriate application form.
• Email, mail, or hand-deliver your evidence package to both the Tribunal and the other party (usually your landlord).
• Confirm receipt with the Tribunal office or by getting a delivery confirmation.

Helpful Tips for Tenants Collecting Evidence

• Document every step including dates, times, and responses from your landlord.
• Be honest. Only submit evidence that is accurate and complete.
• If health or safety concerns are involved (e.g., mould, heat, leaks), photos and dated written requests to the landlord make strong evidence.

If you’re dealing with repeated issues, such as delays in repairs or emergency maintenance, refer to Emergency Situations and Repairs: Tenant Rights and Responsibilities for more help.

If you’re searching for a rental while also managing a hearing, Find rental homes across Canada on Houseme and discover new possibilities with useful search filters and maps.

Important Reminders

• Always read instructions carefully on forms and hearing notices.
• Submit evidence on time: Late submissions may be refused unless you request permission and show good cause.
• Witnesses can attend your hearing, either in-person or by submitting a written statement.

If your hearing concerns a common dispute, such as security deposit return, see Understanding Rental Deposits: What Tenants Need to Know for more detail on what might support your case.

FAQ: Preparing and Presenting Evidence at Your Hearing

1. What types of evidence are most persuasive for maintenance issues?
   Photos with dates, written requests to your landlord, and repair invoices are usually very compelling for repair-related disputes.
2. Do I have to give my landlord all of my evidence?
   Yes, you must share any evidence you plan to present with your landlord ahead of the hearing. The Tribunal may reject evidence not shared in advance.
3. What if I need more time to collect evidence?
   If you cannot meet the deadline on your hearing notice, immediately request an extension from the Tribunal and explain why. Extensions are not guaranteed but may be granted for good reason.
4. Can I bring witnesses to my Tribunal hearing?
   Yes, you can bring witnesses who can testify to relevant facts or events. They should attend in person, by phone, or submit a detailed written statement.
5. How can I ensure my evidence will be accepted?
   Follow all formats and deadlines, provide clear copies, and ensure everything is relevant and truthful. Label and organize your materials for easy reference at the hearing.

Key Takeaways for New Brunswick Tenants

• Gather strong, relevant evidence and organize it clearly to present at your Tribunal hearing.
• Use the required forms, follow instructions, and respect Tribunal deadlines to ensure your evidence is accepted.
• If unsure about your next step, consult provincial tenant resources or advocacy groups.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Official forms, contact details, and process information.
• New Brunswick Tenant Services: Assistance with common tenant-landlord questions.
• Tenant Rights and Landlord Rights in New Brunswick: Important legal basics and provincial rights overview.
• Local legal aid or tenant advocacy groups: Contact for help with complex hearings or if you need representation.

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1. Residential Tenancies Act of New Brunswick (RSNB 2014, c.111)
2. New Brunswick Residential Tenancies Tribunal Official Website
3. New Brunswick Residential Tenancies Forms

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