Understanding mold and indoor air quality problems
Mold is a fungus that can grow where moisture remains for long enough. Visible growth, musty odours, condensation, water stains, peeling materials, and recurring dampness may indicate a larger moisture problem. Poor ventilation, plumbing leaks, roof problems, flooding, or heating and insulation issues can all contribute.
Tenants should not assume that every dark mark is mold or that a landlord is automatically responsible for every condition. The important question is usually what caused the moisture, whether the condition affects the rental unit’s reasonable safety or habitability, and whether the person responsible had notice and a chance to respond. New Brunswick’s Residential Tenancies Act sets the legal framework for rental responsibilities and remedies.[1]
Check your lease and responsibilities
Review the lease for clauses about ventilation, heating, reporting repairs, access, cleaning, and damage. A tenant may be expected to use fans, report leaks, avoid blocking vents, and keep the unit reasonably clean. A landlord generally remains responsible for building systems and conditions outside the tenant’s control, subject to the facts of the case and applicable law.
For a broader explanation of the parties’ duties, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained. If the issue is an urgent loss of heat, active flooding, sewage, or another immediate danger, treat it as an emergency and contact the landlord or emergency services as appropriate.
Document the condition carefully
Good records can make it easier to explain what happened and when. Take dated photographs or videos of visible growth, stains, leaks, damaged materials, condensation, and affected belongings. Keep copies of messages, repair requests, inspection notes, receipts, and any reports from qualified professionals. Record symptoms or health concerns separately, and seek medical advice rather than relying on a dispute process for diagnosis.
- Keep a timeline showing when you noticed the problem, where it appeared, and whether it returned after cleaning or repairs.
- Save photographs, videos, receipts, and written communications in their original form.
- Note related repair concerns such as leaks, heating failures, plumbing problems, or blocked ventilation.
- Ask a doctor or public health professional for appropriate health guidance if anyone is experiencing symptoms.
Notify the landlord in writing
Send a clear written notice that identifies the location, visible signs, suspected source if known, and the action you are requesting. Include photographs where helpful, but keep the message factual and avoid making medical or legal conclusions. Ask when the landlord will inspect and what steps will be taken to find and fix the underlying moisture source.
Allow reasonable access for inspection and repairs when proper notice is provided, while keeping a record of proposed dates and who attended. If the landlord does not respond, send a polite follow-up and explain why the condition continues to affect the unit. Do not stop paying rent or deduct repair costs without reliable legal advice or an authorized order, because doing so can create a separate dispute.
Take reasonable steps to protect health and property
Until the cause is addressed, follow practical safety measures. Ventilate safely when possible, use bathroom and kitchen fans, report new leaks quickly, and avoid disturbing extensive growth. Do not mix cleaning chemicals. People with asthma, allergies, weakened immune systems, or other health concerns should seek individualized advice about remaining in the space and cleaning materials.
- Follow safety advice from qualified health or environmental professionals.
- Do not conceal mold with paint or remove building materials if doing so could spread contamination.
- Move valuable or vulnerable belongings away from active leaks when it can be done safely.
- Keep receipts for reasonable out-of-pocket expenses and do not assume reimbursement is guaranteed.
Resolving a dispute in New Brunswick
If communication does not resolve the problem, review the official information from the New Brunswick Residential Tenancies Tribunal and consider the available dispute-resolution process. The Tribunal can explain filing requirements, service rules, deadlines, and the evidence needed for a hearing. A tenant may ask for an order connected to maintenance, compliance, or another remedy available under the law, but the outcome depends on the evidence and circumstances.
Use the official Residential Tenancies Tribunal application or complaint form identified on the current government forms page. Use it when the landlord has been notified but the repair or condition remains unresolved. For example, a tenant who reported recurring water damage, preserved photographs and messages, and allowed access can describe those facts in the application, attach supporting records, pay any required fee if applicable, and follow the instructions for serving the landlord.
For repair-specific guidance, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities. You can also consult the official New Brunswick renters and landlords information for current process details and forms.[2]
When to seek additional help
Contact the Tribunal or a community legal service if you are unsure which form applies, how to serve documents, or what remedy to request. If the condition creates an immediate threat, contact emergency services or the appropriate public health authority. A physician, environmental professional, or building specialist may help with health or technical questions, while the Tribunal addresses the tenancy dispute.
Tenants searching for a new home while deciding whether to move can Explore rental homes in your area, but moving does not automatically end a lease or remove possible claims. Get advice before withholding rent, abandoning the unit, signing a settlement, or agreeing that a deposit will cover disputed damage.
Frequently Asked Questions
- What should a New Brunswick tenant do after finding mold?
- Photograph and describe the condition, notify the landlord in writing, request an inspection and repair of the moisture source, and keep copies of all communications.
- Can a tenant withhold rent because of mold?
- A tenant should not withhold rent or deduct costs without reliable legal advice or an authorized order because doing so may create a separate rent dispute.
- Who handles residential tenancy disputes in New Brunswick?
- The New Brunswick Residential Tenancies Tribunal handles residential tenancy matters and provides current information about applications, service, hearings, and available remedies.
- What evidence is useful in a mold or air quality dispute?
- Useful evidence may include dated photographs, videos, repair requests, responses, inspection records, professional reports, receipts, and a timeline of events.
How-To: Address a Mold or Air Quality Dispute
- Record the location, appearance, odour, moisture source, dates, and effects of the condition.
- Send the landlord a written notice describing the problem and requesting an inspection and repair.
- Provide reasonable access for inspection and keep a record of appointments and visits.
- Follow safe temporary measures while continuing to document whether the condition improves or returns.
- Review the current Residential Tenancies Tribunal application or complaint form if the issue remains unresolved.
- Submit the application, supporting evidence, and required service materials according to the Tribunal’s current instructions.
Help and Support / Resources
- New Brunswick Residential Tenancies Tribunal and renter information
- Service New Brunswick forms and services
- New Brunswick Office of the Chief Medical Officer of Health
