Tenants and renters in New Brunswick often face stress when a landlord starts eviction proceedings. One important protection is the landlord's duty to mitigate losses before evicting: that means landlords must make reasonable efforts to re-rent the unit or reduce financial harm rather than immediately seeking an eviction. Understanding mitigation helps you respond, prepare evidence, and protect your rights if rent arrears or lease breaches occur. This guide explains how mitigation works in New Brunswick, when landlords must try to re-rent, what tenants can do to dispute claims, which forms and tribunal to contact, and practical steps to avoid losing housing or money.
What landlords must do to mitigate
In New Brunswick a landlord who seeks eviction or a monetary order is generally expected to reduce losses by trying to re-rent the unit or otherwise limit damages. The provincial rules and tribunal explain how mitigation is assessed; see the Residential Tenancies government page for details.[1] The relevant legislation sets out rights and obligations for both parties and explains what evidence the tribunal considers.[2]
Common landlord steps and tenant responses
- Within a reasonable time the landlord should advertise and actively seek new tenants to re-rent the unit.
- Provide written notices and keep copies of any termination letters, listings, and communications.
- Keep records such as photos, payment receipts and correspondence that show efforts to re-rent or the lack of such efforts.
- Contact the tenant to explore options like repayment plans or allowing viewings to reduce the period the unit sits vacant.
What tenants can do
Tenants should respond promptly, document everything, and consider resources on provincial rights such as Tenant Rights and Landlord Rights in New Brunswick. You can also review landlord procedures and what they must show when they claim lost rent; if they did not try to re-rent, that weakens their claim.
- Respond in writing to any notice, asking for dates, reasons, and what steps the landlord has taken to re-rent.
- Collect evidence: payment records, messages, emails, photos of the unit, and any advertising or lack of advertising by the landlord.
- Seek early help from tenant advice services or legal clinics; consider mediation where available to resolve arrears without eviction.
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Required forms and official contacts
Typical documents used in mitigation and eviction disputes include the tribunal application (to request a hearing) and written notices to end tenancy or claim unpaid rent. For example, a tenant might file an application asking the Residential Tenancies Tribunal to dismiss or reduce a landlord's claim on the basis that the landlord did not make reasonable efforts to re-rent.[3] When you file, attach your evidence: receipts, communication logs, and any proof of landlord advertising or lack thereof.
FAQ
- Can a landlord evict without trying to re-rent the unit?
- No. In New Brunswick landlords are generally expected to mitigate losses by making reasonable efforts to re-rent before seeking eviction; check the tribunal for details.[1]
- What evidence helps when disputing a landlord's claim?
- Payment records, communication logs, the landlord's advertising or lack of effort to re-rent, and inspection photos are useful as proof that mitigation did or did not occur.
- Where do I file a dispute or get forms?
- Use the Residential Tenancies Tribunal and official New Brunswick government pages for forms, filing instructions, and deadlines.[3]
How-To
- Read the termination notice carefully and note any deadlines listed.
- Collect evidence: receipts, bank records, messages, photos, and any proof of the landlord's advertising or showing activity.
- Contact the landlord to discuss mitigation options and offer to cooperate with viewings where safe and reasonable.
- If discussions fail, file an application with the Residential Tenancies Tribunal including all documentation and a clear statement of facts.[1]
- Attend the hearing prepared, bring witnesses if needed, and explain why mitigation did or did not occur in your case.
Help and Support / Resources
- Residential Tenancies - Government of New Brunswick
- Residential Tenancies Act - New Brunswick
- Residential Tenancies Tribunal - Service New Brunswick
