Filing an application with New Brunswick's Residential Tenancies process can feel unfamiliar, whether you are a landlord resolving unpaid rent, a tenant responding to a complaint, or a renter tracking a maintenance dispute. This guide explains, in plain language, when to file, which official forms to use, what evidence helps your case, key timelines, and practical examples relevant to New Brunswick landlords and tenants. Read on to learn the steps to prepare a clear application and serve documents correctly so both parties can access fair dispute resolution.
What the Residential Tenancies Tribunal does
The Residential Tenancies Tribunal hears disputes between landlords and tenants about rent, repairs, breaches of lease, and ending tenancies in New Brunswick. The Tribunal issues decisions that can order payment, repairs, or eviction. If you need to start a case, the Tribunal's information pages list forms, fees, and how hearings are scheduled.[1]
When a landlord should consider filing
- Rent arrears and non-payment by a tenant that remain unpaid after notice
- Eviction for cause such as repeated lease breaches or illegal activity affecting the unit
- Serious damage to the rental unit beyond normal wear that the tenant must remedy or compensate for
- Persistent unauthorized entry or privacy breaches where an order is needed to stop the behaviour
Required official forms and when to use them
New Brunswick uses specific application forms for the Residential Tenancies process. Typical official documents include an Application to the Residential Tenancies Tribunal (commonly called the Application for Dispute Resolution) and any prescribed evidence attachments. Use the official Tribunal forms page to download the current versions and fee details before filing.[3]
Examples of form use
- Application to the Tribunal (Application for Dispute Resolution): submit this to start a case — for example, a landlord files it after a tenant has unpaid rent for two months and informal collection failed
- Notice of Hearing materials: attach a clear list of the orders sought and any supporting documents so the Tribunal and the other party receive the same information
- Evidence attachments (photos, receipts, repair invoices): use these to support claims such as damage amounts or amounts owed for unpaid rent
How to prepare your application
- Gather lease agreements, payment records, communication logs, photos, and invoices that directly support your claim
- Complete the official Application form, answering questions clearly and attaching evidence in the order you reference it
- Check and meet filing and service deadlines to avoid dismissal or delay
- Serve copies on the tenant using the approved methods listed by the Tribunal and keep proof of service
What happens at a hearing
Hearings may be in person, by phone, or virtually. The Tribunal chair reviews evidence, hears both sides, and issues a written decision. Bring originals of key documents and be ready to summarize your evidence clearly and concisely. If the Tribunal issues an order, it will explain timelines for compliance and consequences for non-compliance.
Enforcing Tribunal orders and follow-up
- If the Tribunal orders payment and it is not paid, the landlord can take the order to the proper enforcement office
- For eviction orders, follow the province's enforcement steps — do not try to evict a tenant without an order
FAQ
- How long does a typical Tribunal application take?
- Timelines vary by caseload, but expect initial scheduling within a few weeks to a few months; urgent matters may be expedited.
- Can I file without a lawyer?
- Yes. Many landlords and tenants represent themselves. The Tribunal provides forms and guidance, and legal advice is optional.
- What evidence is most convincing?
- Clear dated records: lease excerpts, payment receipts, photos with timestamps, repair invoices, and written communications.
- Do I need to pay a filing fee?
- There is often a fee; check the Tribunal's official fee schedule and fee waiver options on the government forms page.[3]
How-To
- Confirm the Tribunal has jurisdiction for your issue and review the current legislation for New Brunswick.[2]
- Download and complete the official Application form from the Tribunal website.[1]
- Gather and organize evidence, labeling attachments to match locations in your application.
- Serve the tenant with copies using an approved method and keep proof of service.
- Pay any required filing fee or apply for a waiver if eligible.
- Attend the hearing on the scheduled date and present your case clearly and respectfully.
- If the Tribunal issues an order, follow the enforcement steps or seek legal advice on next steps.
Key Takeaways
- Organize evidence and reference it directly in your application to help the Tribunal understand your claim.
- Meet all filing and service deadlines; missing them can delay or dismiss your case.
- Use official forms from the Tribunal website to avoid processing problems.
Help and Support / Resources
- Residential Tenancies Tribunal - New Brunswick
- Residential Tenancies Act - New Brunswick legislation
- Official Tribunal forms and fee information
