Legal Support for New Brunswick Tenants in LTB Disputes

If you’re a tenant in New Brunswick facing a disagreement over rent, repairs, eviction, or other issues, you have options. The New Brunswick Residential Tenancies Tribunal oversees disputes between landlords and tenants, providing a clear process for resolving problems while protecting your rights under the Residential Tenancies Act.^[1] This guide explains how to get legal support, what forms you may need, and where to turn for help resolving conflicts.

Who Handles Rental Disputes in New Brunswick?

The official body managing residential tenancy disputes is the Residential Tenancies Tribunal. Their staff provide information, receive complaints, and issue decisions (also called “determinations”) on most rental issues.

When Should Tenants Seek Legal Support?

You may want legal support or advice if you’re facing:

• An eviction notice or hearing
• Disagreements over rental increases, deposits, or damages
• Unresolved health or safety repairs
• Communication breakdown with your landlord
• Complex matters involving discrimination or large sums of money

Tenants can handle many disputes themselves, but legal advice can be especially helpful for complex or high-stakes cases.

Understanding Your Rights as a Tenant

Knowing your basic rights and obligations makes it easier to resolve issues. For a provincial overview, see Tenant Rights and Landlord Rights in New Brunswick. In most cases, your landlord must follow the New Brunswick Residential Tenancies Act, which sets out rules for notice, rent increases, maintenance, and evictions.

Common Disputes Handled by the Tribunal

• Eviction notices (for unpaid rent, breach of rules, etc.)
• Rent increases and disputes about how increases are given
• Return of security deposits and inspection disagreements
• Repairs, maintenance, or health and safety concerns
• Illegal entry or privacy breaches

See Common Issues Tenants Face and How to Resolve Them for more examples of situations that can arise in rentals.

Key Forms and How to Use Them

The New Brunswick Residential Tenancies Tribunal uses several official forms, which you’ll need if you want to file a complaint or respond to one. Here are the most important for tenants:

• Application for Assistance – RTB-2: Use this if you want the Tribunal to resolve issues such as repair requests, deposit disputes, rent increases you believe are not legal, or return of your deposit at the end of your lease.
  Example: If you’ve moved out and your landlord is withholding your deposit, submit the RTB-2 form to start the complaint process.
  Download the Application for Assistance (RTB-2)
• Notice of Termination – RTB-3: This form is used if you need to officially end your tenancy.
  Example: If you are breaking your lease because of health and safety concerns and cannot resolve the issue with your landlord, submit this notice.
  Download the Notice of Termination (RTB-3)
• Response to Application or Notice – RTB-31: Use this if you’ve been served with a complaint or eviction notice and want to provide your side of the story.
  Example: If your landlord claims you owe back rent and you disagree, fill out RTB-31 to explain your situation.
  Download the Response to Application or Notice (RTB-31)

All forms should be submitted to the Residential Tenancies Tribunal, either online, by mail, or in person. Be sure to keep a copy for your records.

Getting Free or Low-Cost Legal Support

New Brunswick tenants have a few options for advice or legal help:

• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Offers free resources, plain language guides, and referrals. Learn more at PLEIS-NB.
• New Brunswick Legal Aid Services Commission: Provides help for lower-income tenants, particularly in more serious legal disputes or evictions. Check eligibility and services here.
• Residential Tenancies Tribunal Staff: While not legal advisors, Tribunal officers can explain the process, forms, and help you get started. Contact the Tribunal directly.

Steps to Dispute Resolution

Here’s how the general process works for most rental disagreements in New Brunswick:

• Try to resolve the issue informally by talking or writing to your landlord.
• If that fails, submit the relevant form (see above) to the Residential Tenancies Tribunal.
• The Tribunal will review your application, notify your landlord, and request a response.
• A hearing or review may occur, after which a written decision will be issued.
• If needed, either side can appeal certain Tribunal decisions within a set timeframe.

Throughout this process, accurate records (letters, photos, receipts) help you present a strong case.

Action Steps for Tenants

• Know your rights under the Residential Tenancies Act
• Collect documentation: Take notes, save correspondence, and gather evidence
• Submit the correct Tribunal form for your issue
• Seek advice if unsure—legal aid or tenant support groups can clarify your next steps

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FAQ: Tenant Legal Support and Dispute Resolution

1. What is the Residential Tenancies Tribunal?
   The Tribunal is the official government body that settles most disputes between tenants and landlords in New Brunswick. They process applications, hold reviews, and make decisions under the Residential Tenancies Act.
2. Can I get legal representation in a Tribunal hearing?
   While it’s not required, tenants can have someone represent them—such as a lawyer or tenant advocate—especially in complex or high-value cases.
3. What if I get an eviction notice I disagree with?
   Act quickly. Review the notice, and if you have grounds to challenge it, fill out the "Response to Application or Notice" (RTB-31) and submit it to the Tribunal by the deadline.
4. Are all forms free to file?
   Yes, most Tribunal tenant forms are free to download and submit. Always use the official government versions linked above.
5. How do I know which form to use?
   Refer to the description with each form above or contact the Tribunal if unsure. Using the right form is vital to process your complaint efficiently.

How To: Filing a Complaint With the Residential Tenancies Tribunal

1. How do I file a dispute about a security deposit?
   Download and complete Form RTB-2 (Application for Assistance). Provide supporting evidence (photos, emails). Submit it to the Tribunal—online, by mail, or in person.
2. How do I respond to a landlord’s complaint?
   Fill out Form RTB-31 with your explanation and supporting documents. Return it to the Tribunal within the deadline noted on your notice.
3. How do I end my tenancy legally?
   Use Form RTB-3 (Notice of Termination) to provide proper notice based on your lease type. Give a copy to your landlord and keep one for your records.
4. How do I appeal a Tribunal decision?
   Check your decision letter for appeal instructions and timelines. Submit your written appeal to the correct department as specified.

Key Takeaways for New Brunswick Tenants

• The Residential Tenancies Tribunal provides a fair, accessible way to resolve rental disputes.
• Tenants have a right to support, legal clarity, and the use of official forms in the dispute process.
• Explore Tenant Rights and Landlord Rights in New Brunswick for more details on your provincial protections.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal: Main dispute and information services
• PLEIS-NB Tenants and Landlords Guides
• New Brunswick Legal Aid Services Commission
• Need to understand your rights? See Tenant Rights and Landlord Rights in New Brunswick

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1. New Brunswick Residential Tenancies Act

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