Legal Support for Repair Disputes: Tenants in New Brunswick
If you’re a tenant in New Brunswick facing maintenance or repair disputes with your landlord, knowing your rights and how to seek legal support is crucial. Maintenance issues aren’t just inconvenient—they can impact your health, safety, and quality of life. This guide offers clear, practical steps to help tenants understand their legal options, with up-to-date information for New Brunswick.
Understanding Tenant and Landlord Responsibilities
Both tenants and landlords have certain rights and responsibilities under New Brunswick law when it comes to repairs and maintenance. Landlords must maintain the premises in a good state of repair, fit for habitation, and comply with health and safety standards. Tenants, in turn, are responsible for keeping their rental reasonably clean and reporting issues in a timely manner.
- If something breaks (e.g., plumbing, heating), contact your landlord as soon as possible in writing.
- Document all communication, including dates, times, and the nature of your request.
To learn more about the obligations of both parties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Key New Brunswick Legislation and Where to Get Help
In New Brunswick, tenant rights and maintenance responsibilities are covered under the Residential Tenancies Act[1]. The Residential Tenancies Tribunal of New Brunswick is the official authority that manages landlord-tenant issues, including maintenance disputes.
When to Seek Legal Support
- Your landlord is not responding to written repair requests after a reasonable time.
- Repairs concern health and safety risks, such as lack of heat, water, or pest infestations.
- You face retaliation (like threats of eviction) after requesting repairs.
In these situations, you can file a complaint with the Residential Tenancies Tribunal to have your issue reviewed and resolved.
Essential Forms and How to Use Them
New Brunswick tenants can use official forms provided by the Residential Tenancies Tribunal:
- Application for Assistance (Form 3): This is used when a landlord does not complete necessary repairs. After making a written request and waiting a reasonable period, tenants can submit this form to ask the Tribunal for help.
How to use it: Complete the Application for Assistance (Form 3), including details of the problem, steps you took, and any evidence (photos, emails). Submit it via email or in person to the Tribunal. The Tribunal will contact the landlord and may order repairs or schedule a hearing if needed.
If the issue involves health or safety concerns, see Health and Safety Issues Every Tenant Should Know When Renting.
Action Steps: What to Do When Repairs Aren’t Done
- Notify your landlord: Send a clear written request outlining the needed repairs.
- Wait a reasonable time: Usually, 7 days for basic maintenance, 24–48 hours for urgent repairs (like no heat in winter).
- Gather proof: Keep copies of all communications and take dated photos.
- File Form 3: If the landlord does not act, submit an Application for Assistance to the Residential Tenancies Tribunal.
- Attend hearings, if required: The Tribunal may schedule a hearing to resolve the dispute. Be prepared to present your evidence.
What Outcomes Can the Tribunal Order?
The Residential Tenancies Tribunal can make legally binding orders, including:
- Requiring your landlord to complete specific repairs by a set deadline
- Allowing rent to be paid into trust until repairs are made (as directed by the Tribunal)
- Compensation for expenses resulting from the landlord's failure to repair, in certain cases
These measures help ensure landlords meet their obligations under the law.
Other Useful Resources
- Tenant Rights and Landlord Rights in New Brunswick
- Residential Tenancies Tribunal New Brunswick
- Affordable homes for rent in Canada
For other common housing issues, see Common Issues Tenants Face and How to Resolve Them.
Frequently Asked Questions
- Who can help me if my landlord doesn’t fix urgent repairs?
The Residential Tenancies Tribunal of New Brunswick can require your landlord to complete urgent repairs. Submit an Application for Assistance (Form 3) if your landlord is not responding. - Do I have to keep paying rent if repairs aren't done?
Yes, you must continue paying rent. However, if the Tribunal allows, you might pay your rent into trust until repairs are completed. Always seek advice before withholding rent. - What evidence should I include with my repair complaint?
Include copies of your communications with the landlord, dated photos of the problem, and any receipts for related costs if you paid for temporary fixes. - How long should I wait before taking legal action?
For urgent issues (no heat, water, major health risks), act within 24–48 hours; for regular repairs, a week is typical. If there’s no response, you can file with the Tribunal. - Can I do the repairs myself and deduct from rent?
Not without permission from the Tribunal. Unauthorized deductions can put you at risk of eviction or legal disputes.
How To Resolve a Maintenance Dispute with Your Landlord in New Brunswick
- How do I file a maintenance complaint with the Tribunal?
First, notify your landlord in writing. If they don’t respond, complete and submit the Application for Assistance (Form 3) with all supporting documentation. - How can I document maintenance problems?
Take clear, dated photos and keep records of all contacts with your landlord (emails, letters, texts). - How do I prepare for a Tribunal hearing?
Organize your documents, evidence, and any witness statements. Be ready to describe the steps you took and the timeline of events.
Key Takeaways for New Brunswick Tenants
- Always document repair requests and communicate in writing.
- Use Form 3 to file official complaints with the Tribunal if repairs aren’t made.
- The Residential Tenancies Tribunal can order repairs and help protect your rights.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal New Brunswick – Tenant Information and Forms
- Public Legal Education and Information Service of New Brunswick
- For local tenancy advice and support, reach out to community legal clinics or tenant organizations.
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