Legal Steps for Organizing a Rent Strike in New Brunswick

If you’re a tenant in New Brunswick facing unresolved issues such as needed repairs, unsafe conditions, or sudden rent increases, you may wonder about collective action options. One powerful, though complex, option is a rent strike. This guide will help you understand the legal framework for organizing a rent strike, your rights under New Brunswick law, and the steps you should follow to avoid risk.

Understanding Rent Strikes: What Tenants Should Know

A rent strike happens when a group of tenants agrees to withhold rent to demand repairs, stop an illegal rent increase, or address serious problems. While organizing can pressure a landlord to resolve issues, rent strikes in New Brunswick must be handled with great care—tenants are still legally required to pay rent unless a Tribunal orders otherwise.

Legal Foundations: Tenant Rights in New Brunswick

In New Brunswick, tenant-landlord matters are governed by the Residential Tenancies Act (RTA). The Residential Tenancies Tribunal (NB Residential Tenancies Tribunal) is the official body responsible for resolving disputes between tenants and landlords.¹

Tenants have the right to a safe, livable home and fair rent practices. However, withholding rent is only legally justified under specific circumstances and typically only with Tribunal approval.

When Might a Rent Strike Be Considered?

Common reasons tenants may consider a rent strike include:

• Persistent repairs or maintenance issues not addressed by the landlord
• Health and safety hazards (e.g., mold, broken heating)
• Unlawful rent increases

Review Common Issues Tenants Face and How to Resolve Them for alternative options before organizing a rent strike.

Legal Steps for Organizing a Rent Strike

Because the law is strict about timely rent payments, tenants must proceed cautiously. Here’s an overview of key legal steps to follow before participating in or starting a rent strike:

1. Communicate with the Landlord in Writing

• Submit a written request to your landlord outlining specific issues and the remedies you seek.
• Keep copies of all correspondence as evidence.

2. File a Formal Complaint to the Tribunal

• If your landlord does not resolve the problem, you can file an Application for Assistance with the NB Residential Tenancies Tribunal.
• Use the official Application for Assistance (Form 1): download here (PDF).
• Example: You have ongoing plumbing issues; after written notice, the landlord doesn’t fix them, so you file Form 1 to seek Tribunal intervention.

3. Await Tribunal Decision—Do Not Withhold Rent Prematurely

• The Tribunal will investigate and may order the landlord to fix the issue or adjust rent.
• Withholding rent without Tribunal authorization can lead to lawful eviction.

4. Collective Action: Organizing with Fellow Tenants

• Meet, document complaints, and work together to submit joint Tribunal applications if issues affect multiple tenants.
• Contact tenant advocacy services for support or advice.

Never organize or join a strike without understanding the legal risks and Tribunal procedures.

Risks and Considerations for Tenants

• Withholding rent in breach of your agreement can result in eviction proceedings.
• Being part of a rent strike does not protect you from a Tribunal eviction order unless you have formal Tribunal permission.
• Keep detailed records of all actions and communication.

If your rent is in arrears (late), landlords may apply for termination. Learn more in Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Your Rights and Responsibilities

Even when facing serious problems, tenants must continue to pay rent unless the Tribunal specifically authorizes otherwise. You can find more on these basics at Tenant Rights and Landlord Rights in New Brunswick.

Organizing a rent strike should always be a last resort, taken only after all official complaint processes have been followed. Protect your rights by staying informed and following official legal steps.

Official Complaint Forms and How to Use Them

• Application for Assistance (Form 1): Use when you need the Tribunal to resolve a dispute or compel repairs. Download from the NB Tribunal.
• Notice of Termination: Tenants may use this if they need to end their lease legally, but ensure you meet the requirements set by the Residential Tenancies Tribunal.

These forms should be submitted directly to the Tribunal. After filing, the Tribunal will investigate and issue directions or orders as needed.

FAQ: Rent Strikes and Tenant Disputes in New Brunswick

1. Can tenants withhold rent in New Brunswick if repairs are not completed?
   Tenants must continue to pay rent unless the Residential Tenancies Tribunal gives written authorization. Withholding rent without approval can result in eviction.
2. What should tenants do if their group is considering a rent strike?
   Start by documenting all complaints, communicating with your landlord, and making a formal complaint to the Tribunal. Never stop paying rent without explicit Tribunal permission.
3. What official body handles tenant-landlord disputes in New Brunswick?
   The NB Residential Tenancies Tribunal oversees and resolves landlord-tenant disputes.
4. Is collective action like a rent strike ever legally protected?
   No. New Brunswick law does not grant legal protection for rent strikes unless the Tribunal orders otherwise.
5. How can tenants find support during a dispute?
   Contact the Tribunal, local legal clinics, or tenant advocacy groups. For additional housing search options, Find rental homes across Canada on Houseme.

Summary: Key Takeaways

• You must follow legal processes; always pay rent unless the Tribunal states otherwise.
• Use the Application for Assistance (Form 1) to file disputes or request repairs.
• Seek guidance and document all issues and communications with your landlord.

Staying informed and following proper steps is the safest way to protect your tenant rights in New Brunswick.

Need Help? Resources for Tenants

• NB Residential Tenancies Tribunal: Submit a complaint, read information, or access forms
• Local legal clinics: Offer free support for tenants facing complex disputes
• Community tenant advocacy organizations: Help tenants organize legally and safely
• Review your rights at Tenant Rights and Landlord Rights in New Brunswick
• Application for Assistance (Form 1)

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1. Residential Tenancies Act, New Brunswick
2. NB Residential Tenancies Tribunal – Government of New Brunswick

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