Evicted tenants in New Brunswick can face urgent challenges beyond finding a new place: discrimination, loss of services, and threats to housing stability. Understanding your human rights after an eviction helps you spot unlawful treatment and choose the right next steps. This guide explains how human rights laws apply to tenancy issues in New Brunswick, when to file a complaint, what evidence matters, and which provincial tribunal or government forms to use. It also shows practical steps to document discrimination, seek short-term supports, and protect your record when applying for new rentals. If you are a renter navigating eviction, these clear, practical explanations aim to help you preserve your rights and access the official channels that can assist.
How human rights law and tenancy overlap in New Brunswick
Human rights law protects people from discrimination because of protected grounds such as race, sex, disability, family status, or other characteristics. When an eviction or a landlord's action is connected to a protected ground, you may have options under human rights law as well as tenancy law. For guidance on protections and filing complaints, contact the New Brunswick Human Rights Commission[1], and for tenancy-specific disputes use the Residential Tenancies Tribunal[2]. The province's tenancy rules and the enabling legislation explain timelines and remedies you can seek[3].
Common human-rights issues after eviction
- Discriminatory eviction tied to a protected ground, such as eviction after a tenant requests a service animal.
- Eviction notices or hearings that seem to target a tenant because of race, religion, family status, or disability.
- Refusal to accept a tenant's documentation or evidence when applying for rehousing that may be influenced by a protected characteristic.
Steps to protect your human rights and tenancy record
- Document everything: keep copies of notices, photos, messages, receipts, and a log of conversations with dates and names.
- Preserve tenancy documents such as your lease, rent receipts, and any notices served by the landlord.
- Seek advice early from tenant support services, legal aid, or the Human Rights Commission to understand filing deadlines.
- If the eviction involved discrimination, you can consider both a human rights complaint and a residential tenancy application; each process uses different forms and outcomes.
Filing a human rights complaint
To file a human rights complaint, start by checking eligibility and timelines with the New Brunswick Human Rights Commission[1]. A complaint explains the discriminatory act, names parties involved, and attaches evidence. The Commission may investigate, attempt mediation, or refer matters to a tribunal. Human rights remedies can include orders to stop discriminatory practices and compensation for losses tied to discrimination.
Practical example
If a tenant was evicted after asking for a disability-related accommodation, the tenant should collect the accommodation request, any responses, the eviction notice, and witness statements, then contact the Human Rights Commission to discuss filing a complaint and next steps.
Using the Residential Tenancies Tribunal
The Residential Tenancies Tribunal handles disputes about tenancy rights, eviction validity, deposits, and landlord obligations. If your eviction involved issues such as improper notice or retaliation, you can apply to the Tribunal to challenge the eviction or seek remedies. Read the Tribunal's application guidance and required forms before filing to ensure you meet deadlines and include correct evidence[2].
Collecting evidence that matters
- Messages and emails showing the landlord's reasons or comments related to a protected ground.
- Copies of eviction notices, notices to quit, or Tribunal application forms.
- Photos, videos, and dated logs showing problems, denial of services, or different treatment compared with other tenants.
- Receipts proving payments or refunds, and records of security deposit handling — see guidance on deposits for next steps: Understanding Rental Deposits: What Tenants Need to Know.
Practical next steps after eviction
- Secure temporary housing and keep proof of relocation and moving costs.
- Contact support agencies and legal clinics for immediate advice and representation options.
- Decide whether to pursue a human rights complaint, a Tribunal application, or both based on the facts and desired remedies.
- When searching for a new rental, a concise explanation and documentation of outcomes can help; you can also Find rental homes across Canada on Houseme to compare options quickly.
FAQ
- Can I file a human rights complaint and a tenancy dispute at the same time?
- Yes. Human rights complaints and tenancy Tribunal applications are separate processes; you may pursue both if the eviction relates to a protected ground and tenancy rules were breached.
- What evidence is most useful for a human rights or Tribunal claim?
- Clear dated records such as notices, messages, receipts, photos, witness statements, and any medical or accommodation requests are most useful.
- Where do I get official forms and help to file?
- Official forms and guidance are available from the New Brunswick Human Rights Commission and the Residential Tenancies Tribunal; check their websites for application forms and timelines.[1][2]
How-To
- Gather documents: copy notices, rent receipts, photos, messages, and any accommodation requests.
- Contact the New Brunswick Human Rights Commission to confirm if your situation meets grounds for complaint and ask about timelines.
- Complete the appropriate Tribunal or Commission form with a clear statement of events and attach evidence.
- File the complaint or application following the official submission steps and keep proof of filing.
- Attend any mediation or hearing prepared with organised documents and witness summaries.
Key Takeaways
- Human rights law can apply to evictions linked to protected grounds.
- Use both the Human Rights Commission and the Residential Tenancies Tribunal when appropriate.
- Document everything and file within official deadlines to preserve your options.
Help and Support / Resources
- New Brunswick Human Rights Commission
- Residential Tenancies Tribunal (Service New Brunswick)
- Government of New Brunswick tenancy resources and forms
