Living in a rental in New Brunswick brings questions about who pays and who fixes damage when natural events like fallen trees happen. If a tree falls on a rental property, affecting safety, access, or belongings, tenants need clear, practical steps on safety, documentation, insurance and when to involve the Residential Tenancies Tribunal. This guide explains how fault is generally assessed in New Brunswick, what evidence both tenants and landlords should collect, the role of tenant and landlord insurance, and how to use official forms and complaint routes. It is written for renters and tenants who want straightforward next steps, examples of when a landlord or tenant may be responsible, and links to the tribunal, legislation and forms you may need.
Who is likely responsible?
Liability usually depends on who had the legal duty to maintain the tree and whether anyone was negligent. In New Brunswick, landlords generally have a duty to keep the rental property safe and in a good state of repair, which includes exterior maintenance that reasonably affects tenant safety. If a landlord knew about a rotten or leaning tree and did not fix it, the landlord is often responsible. If a tenant caused the damage (for example by altering supports or injuring the root system), the tenant may be responsible for the loss. For formal disputes you can apply to the Residential Tenancies Tribunal for a decision.[1]
How fault is assessed and what evidence helps
Determining responsibility is fact-specific. Decision-makers look for prior notice, maintenance records, the trees condition, weather records and whether reasonable action was taken to prevent harm.
- Take time-stamped photos and videos of damage, the tree base, and nearby property.
- Keep communication records: texts, emails or written notices about concerns you raised with the landlord.
- Note dates and times of storms or events that could explain sudden failure.
- Save receipts for emergency measures (temporary boarding, towing, or urgent repairs).
Immediate steps tenants should take after a tree falls
- Ensure safety: call 911 if anyone is injured or if there is a fire or gas risk.
- Notify your landlord or property manager right away and confirm the report in writing (text or email).
- Protect the unit from further damage when safe—cover broken windows or move undamaged belongings out of harms way, keeping receipts for any costs.
- Document everything: photos, a short written summary of events, names of people notified and the time you called them.
- Submit formal notices or applications if the landlord does not act: gather your evidence and be ready to use the Residential Tenancies Tribunal process if needed.[1]
Insurance: who to contact and typical coverage
Tenants should review their tenant insurance policy for coverage of personal belongings, temporary living costs and liability. Landlords insurance typically covers damage to the building and common areas. If the landlord accepts responsibility, their insurer may cover structural repairs; if the tenant is responsible, the tenants insurance could cover personal property or liability. You can also look for available rental listings or insurance information while you relocate; Find rental homes across Canada on Houseme can help tenants quickly find alternative units if you need temporary housing.
If you plan to pursue a claim through the Residential Tenancies Tribunal, include proof of insurance communications and any claim numbers you receive from insurers. The Tribunal and relevant legislation guide what remedies are available in New Brunswick.[2]
Official forms and when to use them
Use official tribunal forms when the landlord and tenant cannot agree. Common filings include the application to the Residential Tenancies Tribunal to resolve disputes over repairs or compensation, and any prescribed notice forms required to give the landlord formal written notice. Example: if a landlord refuses to remove a hazardous tree after written notice and time to act, a tenant can file an application asking the Tribunal to order repairs or compensation and attach photos, communication records and estimates. Find application instructions and forms on the provincial tribunal pages.[3]
FAQ
- Who pays for damage to my personal belongings when a tree falls?
- If the tenant has tenant insurance, that policy usually covers personal belongings; if not, you may seek compensation from the landlord only if the landlord was negligent or breached maintenance duties.
- Can I withhold rent until the landlord fixes damage from a fallen tree?
- Withholding rent is risky and governed by rules; instead, document the issue and seek remedies through the Residential Tenancies Tribunal or follow emergency repair procedures under New Brunswick rules.
- What if my unit becomes uninhabitable after a tree falls?
- Contact your landlord immediately, document the condition, and arrange temporary accommodations if required; keep receipts and ask about compensation for alternate housing in writing.
- How long do I have to file a dispute with the Tribunal?
- Time limits vary by issue; file as soon as possible after trying to resolve the matter with your landlord and consult the Tribunal guidance for specific deadlines.
How-To
- Gather evidence: photos, videos, communication logs and repair estimates so you can support a tribunal application.
- Complete the Tribunal application form and attach your evidence, naming both you and the landlord and describing the remedy you seek.
- File the application with the Residential Tenancies Tribunal following their instructions and note any hearing dates or deadlines.
- Attend the hearing (or submit written evidence if allowed) and be prepared to explain who you notified, what the damage is, and the compensation or order you seek.
Key Takeaways
- Document the scene immediately with photos, dates and written notices to the landlord.
- Contact emergency services for injuries and notify your landlord in writing without delay.
- If the landlord wont act, consider filing with the Residential Tenancies Tribunal using official forms.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Government of New Brunswick official services and housing information
