Landlord Compliance Orders: Notable New Brunswick Case Studies

When renting in New Brunswick, tenants expect a safe and fair living environment. Sometimes, when a landlord does not meet their legal responsibilities, tenants can apply for compliance orders. These orders are powerful tools to ensure landlords uphold the law and correct issues like repairs, maintenance, or returning deposits. Understanding real case studies can help tenants see how compliance orders are used, what outcomes are possible, and where to turn for help – all based on New Brunswick law.

Understanding Landlord Compliance in New Brunswick

In New Brunswick, the Residential Tenancies Tribunal (RTT) oversees rental housing disputes and enforces tenant and landlord rights under the Residential Tenancies Act.^[1] When landlords breach their legal obligations, compliance orders issued by the Tribunal can require them to:

• Make necessary repairs or address health and safety issues
• Return rental deposits or other payments
• Cease unlawful conduct (e.g., illegal entry)

You can learn about your basic rights and responsibilities as a tenant or landlord in New Brunswick by visiting Tenant Rights and Landlord Rights in New Brunswick.

What Triggers a Landlord Compliance Order?

Common reasons tenants seek compliance orders include:

• Repairs and maintenance not being completed
• Failure to return deposits
• Health and safety concerns
• Disturbances of privacy or quiet enjoyment

Tenants can formally apply for an order using the appropriate forms, with real examples provided below.

Case Study 1: Repairs and Maintenance Compliance

A tenant noticed ongoing leaks and mold in their apartment. After repeated requests for repairs, the landlord did not act. The tenant submitted an Application for Assistance (Form 12) to the Residential Tenancies Tribunal, describing the health and safety risks. The Tribunal investigated, ordered the landlord to complete repairs by a deadline, and followed up to ensure compliance.

• Official Form: Application for Assistance (Form 12)
• When to use: If a landlord fails to address urgent repair or safety concerns after written notice
• Download: Form 12 – Application for Assistance (PDF)

For more on health and safety concerns, visit Health and Safety Issues Every Tenant Should Know When Renting.

Case Study 2: Return of Security Deposit

After moving out, a tenant did not receive their security deposit within 7 days, as required by New Brunswick law. They filed a complaint using Form 12. The Tribunal reviewed the evidence, found in favour of the tenant, and ordered the landlord to pay back the deposit plus (where applicable) any interest.

• Official Form: Application for Assistance (Form 12)
• When to use: If a landlord does not refund a security deposit after lease termination
• Download: Form 12 – Application for Assistance (PDF)

For more information on deposits, see Understanding Rental Deposits: What Tenants Need to Know.

What Are the Results of a Compliance Order?

After review, the Tribunal can require landlords to:

• Make repairs or address issues by a certain date
• Repay funds to tenants
• Stop actions that violate tenant rights

If a landlord disregards a compliance order, further enforcement—such as court action or fines—may follow. The process is designed to ensure landlords meet their legal responsibilities and tenants enjoy a secure home.

Step-by-Step: How to Apply for a Landlord Compliance Order

Filing for a compliance order is straightforward, but requires proper documentation and following tribunal procedures:

• Collect evidence—photos, written requests, receipts, or anything that supports your claim
• Download and fill out Form 12 – Application for Assistance
• Submit the form to the Residential Tenancies Tribunal, with all supporting documents
• The Tribunal will notify your landlord, conduct an investigation, and render a decision

Common Types of Compliance Orders: Real Examples

• Emergency repairs: A heating system broke in winter. Tribunal ordered immediate repair within 48 hours.
• Deposit non-return: Landlord failed to return deposit; Tribunal directed payment plus interest to tenant.
• Safety concerns: Tenant filed for urgent pest control due to infestation; landlord was ordered to address the issue and provide proof of action.

Outcomes vary, but the process upholds tenants’ rights. For more tips, Explore Houseme for nationwide rental listings and discover your housing options if you need to move while dealing with a dispute.

FAQ: Landlord Compliance Orders in New Brunswick

1. What can I do if my landlord ignores a Tribunal order?
   Contact the Tribunal immediately. They may pursue additional enforcement, or your case may be referred to Small Claims Court for compliance.
2. Do I need a lawyer to apply for a compliance order?
   No, the application process is designed to be tenant-friendly and does not require legal representation.
3. How long does it take for the Tribunal to process an application?
   Timelines vary based on urgency, but emergency repair situations are prioritized. Standard cases often resolve within a few weeks.
4. What evidence helps my case for a compliance order?
   Written communication, photos of unsafe conditions, inspection reports, and receipts all help support your application.
5. Where can I learn about my full rights as a tenant in New Brunswick?
   See Tenant Rights and Landlord Rights in New Brunswick for a clear overview of local laws and protections.

Conclusion: Key Takeaways

• Landlord compliance orders protect tenants when landlords fail their legal duties.
• You can file for these orders in New Brunswick using Form 12, with help from the Residential Tenancies Tribunal.
• Always gather good evidence and know your rights. For more on common rental challenges and solutions, see Common Issues Tenants Face and How to Resolve Them.

Learning from real cases helps tenants act confidently and get results within New Brunswick’s rental system.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (RTT) – New Brunswick
• Residential Tenancies Act – Full legislation text
• Toll-free Tenant Line: 1-888-762-8600 (Government of New Brunswick)
• Local Service New Brunswick offices for in-person help

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1. New Brunswick Residential Tenancies Act: Full legislation text
2. Residential Tenancies Tribunal, Government of New Brunswick: Official Tribunal site
3. Form 12 – Application for Assistance: Download from GNB

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