Interim orders are temporary decisions a tribunal can issue to protect tenants while a full hearing is pending. If you rent in New Brunswick and face an urgent problem — such as an imminent eviction, a serious repair that affects habitability, or a landlord action that could prevent a fair hearing — an interim order can pause that action or require immediate steps. This guide explains when interim orders may apply, practical steps tenants can take to request one, the paperwork and deadlines involved, and what to expect at a hearing. It is written for tenants and renters in New Brunswick who want clear, practical advice about protecting rights and accessing tribunal processes.
What is an interim order?
An interim order is a temporary direction the Residential Tenancies Tribunal can make to preserve rights, safety or evidence until a final decision is reached.[1] Interim orders are intended to prevent immediate harm or irreversible changes while the tribunal considers the full case under provincial tenancy rules.[2]
When can a tenant ask for an interim order?
- To stop an imminent eviction or lockout while the full dispute is decided.
- To require urgent repairs that affect habitability, such as loss of heat, water, or major plumbing failures.
- To preserve evidence or prevent a landlord from changing locks, removing property, or interfering with the tenancy.
- To stop actions that could make a final remedy ineffective, like illegal entry or retaliation during a dispute.
How to apply for an interim order
- Find the correct application form on the Residential Tenancies Tribunal website and read the instructions carefully; forms and filing guidance are available from the tribunal site.[3]
- Gather evidence: photos, videos, dated logs, copies of messages, receipts, and any previous notices or repair requests.
- Complete the application, clearly state the interim relief you are requesting, and explain why the situation is urgent or irreversible.
- File the application promptly and follow any deadline instructions; if you can, request an interim hearing date or expedited review when you submit your paperwork.
- Attend the interim hearing (often by phone or in person) and present your evidence concisely; bring copies to share with the tribunal and the landlord.
- If an interim order is granted, follow its terms exactly and keep all related documents and proof of compliance.
What happens at the interim hearing?
At the interim hearing a tribunal member considers limited, urgent issues — not necessarily the full merits of the dispute. Both sides can present brief evidence and the tribunal will decide whether to grant, modify, or deny the interim relief requested. Interim orders can include directions to do repairs, to stop an eviction, to restore access, or to preserve property.
- If granted, an interim order is legally binding and includes steps and timelines to follow.
- If denied, the full hearing will still consider the overall dispute and remedies.
- The tribunal may set conditions, require evidence preservation, or schedule a prompt full hearing.
If your concern is about repairs or emergencies, see Emergency Situations and Repairs: Tenant Rights and Responsibilities for practical next steps and tenant obligations. For an overview of provincial rights, consult Tenant Rights and Landlord Rights in New Brunswick.
FAQ
- How long does an interim order last?
- An interim order lasts until the tribunal varies it, cancels it, or issues a final decision at the full hearing; the order will include any specific expiry or review dates.
- Can a landlord get an interim order against a tenant?
- Yes. Landlords can also apply for interim orders, for example to address serious breach or illegal activity, and the tribunal will consider the same urgency and risks when deciding.
- Do I need a lawyer to apply for an interim order?
- No, tenants can apply without a lawyer, but you may choose legal advice for complex cases; clear written evidence and timely filing improve your chance of success.
How-To
- Identify and download the tribunal application form from the official site.
- Collect supporting evidence: dated photos, repair requests, and communication records.
- Complete the form, clearly describe the urgent issue, and specify the interim relief you need.
- File the application and request an expedited interim hearing if the matter is urgent.
- Attend the hearing, present evidence concisely, and follow any order issued by the tribunal.
Key Takeaways
- Interim orders provide temporary protection for urgent tenancy problems.
- Strong, dated evidence and timely filing improve your chances of obtaining relief.
- Use tribunal forms and follow deadlines exactly to ensure your application is considered.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act (New Brunswick)
- Tribunal forms and filing information (Government of New Brunswick)
