Landmark Tenant-Rights Cases in New Brunswick: Key Precedents

Understanding your rights as a tenant in New Brunswick is key to building a safe, stable, and fair rental experience. Over the years, several landmark cases and legal precedents have shaped how tenant protections are interpreted by the New Brunswick Residential Tenancies Tribunal. By reviewing these important decisions, you can better recognize your own rights, know what to expect in disputes, and feel empowered to address issues as they arise.

Major Tenant-Rights Cases in New Brunswick

Tenant-landlord relationships in New Brunswick are governed by provincial law and shaped by decisions made by the Residential Tenancies Tribunal of New Brunswick. Landmark cases clarify what tenants can expect in areas such as rent increases, privacy, repairs, evictions, and rental deposits.

Rent Increases and Notice Requirements

Several notable tribunal cases have clarified how much notice a landlord must give before raising rent. In New Brunswick, legislation requires that landlords provide at least three months’ written notice for any rent increase. Disputes have arisen when insufficient notice was given, and the tribunal has regularly sided with tenants if the correct process wasn't followed. This means you should always receive proper written notice, and if not, you may challenge the increase.

Rental Deposits and Security

The handling of rental deposits is a frequent source of disputes. In the case of Tenant v. Landlord (2018), the tribunal reinforced that landlords must return security deposits to tenants promptly at the end of a tenancy, minus only legally permitted deductions for damage or unpaid rent.

• Example: If you leave your unit in good condition, your landlord cannot withhold your deposit for "wear and tear." Instead, you have the right to timely repayment.

For more detailed information on your rights regarding deposits, visit Understanding Rental Deposits: What Tenants Need to Know.

Health and Safety Rulings

There have been decisive tribunal orders in favour of tenants when landlords failed to address persistent health and safety concerns, such as mold, heating failures, or pest infestations. In these cases, if a landlord didn't respond to written complaints, the tribunal has sometimes reduced rent or ordered repairs, reaffirming that tenants are entitled to a safe living environment.

To ensure you understand these basic rights, review Health and Safety Issues Every Tenant Should Know When Renting.

Privacy and Entry Disputes

Some of the most referenced decisions involve situations where a landlord enters a rental unit without proper notice. Tribunal rulings have stressed that, outside of emergencies, landlords must provide at least 24 hours’ written notice before entering a tenant’s home. Repeated unauthorized entry can be declared harassment, giving tenants legal standing to seek remedies.

Eviction Challenges

Landmark decisions highlight the strict requirements landlords must follow to lawfully evict a tenant. Common errors include lack of proper notice, missing grounds, or retaliation. The tribunal has a history of overturning evictions if these steps aren’t followed, emphasizing procedural fairness for tenants.

If you’re ever unsure about your situation, you can compare your rights to those in other provinces by visiting Tenant Rights and Landlord Rights in New Brunswick.

Relevant Laws and Where to Get Help

All decisions stem from New Brunswick’s Residential Tenancies Act (SNB 1975, c R-10.2)^[1]. The Tribunal updates tenants and landlords on rule changes, processes, and provides forms and guides.

Key Official Forms for Tenants

• Form 6 – Application for Assistance: Use this form to request help from the Tribunal about issues such as repairs, rent disputes, or deposit returns.
  Practical Example: If your landlord hasn’t returned your security deposit, you can file Form 6. Download Form 6 here.
• Form 7 – Application to Terminate Tenancy: Apply to end your tenancy early due to serious landlord breaches or hazards.
  Practical Example: If unsafe living conditions exist (e.g., mold not addressed), use Form 7 to ask for early termination. Download Form 7 here.
• Form 9 – Application for Review: Use if you want the Tribunal to reconsider a decision it made.
  Practical Example: If you disagree with an eviction ruling, you can apply for a review. Download Form 9 here.

Each form can be submitted to the Residential Tenancies Tribunal of New Brunswick. Always complete your application fully and keep a copy for your records.

How Tribunal Precedents Shape Tenant Rights

Tribunal decisions set expectations for both landlords and tenants. By reviewing previous rulings, tenants can anticipate how disputes are likely to be resolved and what standards apply to maintenance, notice periods, or rent changes. Staying informed ensures you won’t be caught off guard if a disagreement arises.

Looking for a new place after a dispute? Find rental homes across Canada on Houseme and explore your options.

1. If I have a maintenance issue and my landlord is not responding, what should I do?
   Document the issue in writing and allow your landlord a reasonable time to respond. If unresolved, complete Form 6 – Application for Assistance and submit it to the Tribunal.
2. How much notice must my landlord give before increasing rent in New Brunswick?
   Your landlord must provide at least three months’ written notice before any rent increase can take effect.
3. What are my options if my landlord enters my unit without permission?
   Unless there is an emergency, landlords must provide at least 24 hours’ written notice. Repeated violations can be reported to the Tribunal using Form 6.
4. How can I challenge an unfair eviction in New Brunswick?
   If you believe an eviction was issued without proper grounds or notice, you can apply for a review using Form 9 – Application for Review with the Tribunal.

Key Takeaways

• Landmark cases in New Brunswick protect tenants’ rights to fair notice, safe living, privacy, and due process.
• Tribunal decisions clarify both landlord and tenant responsibilities under the Residential Tenancies Act.
• Official forms such as Form 6, 7, and 9 should be used for resolving disputes or requesting the Tribunal’s help.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Tribunal website and contact information
• Government of New Brunswick – Rentals and Leases: Rental forms, guides, and FAQs
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant education and advocacy

---

1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal of New Brunswick
3. Government of New Brunswick – Renting and Leases

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy