Mold and Maintenance Legal Cases for Tenants in New Brunswick

Living with mold or inadequate maintenance can seriously impact your comfort and health as a renter in New Brunswick. Tenants often wonder what the law says about these issues, how previous legal cases have been decided, and what practical steps they can take when concerns about mold arise. This summary explains mold-related maintenance disputes, key legal decisions in New Brunswick, and your options as a tenant.

Understanding Mold and Maintenance Obligations in New Brunswick

Both landlords and tenants have legal duties related to the maintenance and repair of rental units. In New Brunswick, landlords are responsible for ensuring the property meets minimum health and safety standards, including preventing mold and addressing moisture problems.^[1]

• Landlords: Must maintain the building, including major systems and structural safety, and promptly respond to repairs impacting health or safety (such as leaks or water damage).
• Tenants: Must keep their unit reasonably clean and promptly report problems to the landlord, such as signs of mold or water leaks.

For a broader perspective on these roles, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Relevant New Brunswick Legislation

All residential tenancies in New Brunswick are governed by the Residential Tenancies Act (RTA). The Act sets out maintenance duties, health and safety requirements, and procedures for complaints.^[2]

The main tribunal handling disputes is the New Brunswick Residential Tenancies Tribunal.

Common Mold & Maintenance Case Outcomes

While each case is unique, several key patterns emerge in how New Brunswick's Tribunal reviews mold and repair disputes:

• If the Tribunal finds evidence a unit is unfit for habitation due to mold and the landlord failed to act, tenants may be entitled to:
• Partial rent abatement (return of some rent paid)
• Order for urgent repairs to be completed
• Permission to end the tenancy early without penalty
• Tenants must provide timely written notice to their landlord about the issue and allow reasonable time for repairs.
• Landlords are usually not held responsible if the problem is caused by tenant behavior or is reported late.

Cases involving health and safety issues such as significant mold have led to successful tenant applications for repairs, rent reductions, and even reimbursement of moving costs if the property was deemed unsafe. To learn more about broad safety protections, visit Health and Safety Issues Every Tenant Should Know When Renting.

Tribunal Decisions: Real Tenant Examples

• Case: Severe Bathroom Mold – The Tribunal found that the landlord failed to repair persistent leaks, causing black mold. The tenant was awarded a reduction in rent and the landlord was ordered to perform repairs within a set period.
• Case: Inadequate Ventilation – Tenant concerns about mold due to broken windows and poor airflow were upheld. The landlord had to take corrective action after inspection, and the tribunal clarified expectations around maintenance timelines.

Not every complaint leads to compensation; documentation and prompt reporting by tenants are essential for a favorable outcome.

Important Forms and How to Use Them

• Form 7 – Application to Determine a Dispute

When is it used? If your landlord does not address a major mold or maintenance problem after written notice, you can use Form 7 to have the Tribunal intervene.

How to use:

• Fill out Form 7 – Application to Determine a Dispute.
• Clearly describe the problem, steps you took to resolve it with your landlord, and include photos or medical letters if available.
• Submit the form online or in-person to the Residential Tenancies Tribunal.

Example: If you report mold growth to your landlord in writing, wait the reasonable time required for repairs, and nothing is done, you can then use Form 7.

Maintaining Your Health and Home: Action Steps

• Email or write to your landlord immediately if you discover mold or water damage.
• Take dated photos or videos of the problem for your records.
• Allow your landlord a fair chance to assess and correct the problem, unless it's an emergency.
• If the issue is not fixed in a reasonable timeframe, use Form 7 and contact the Tribunal.

For common maintenance situations and how to address them, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

For tenants researching rental homes with safety in mind, Find rental homes across Canada on Houseme.

For a province-wide overview of your legal rights and responsibilities, read Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions

1. What should I do if I find mold in my rental unit?
   If you find mold, notify your landlord or property manager in writing immediately, including details and photos. Allow them a reasonable time to fix the issue. If it is not addressed, you may file a complaint using Form 7 with the New Brunswick Residential Tenancies Tribunal.
2. Can I withhold rent if my landlord ignores a mold problem?
   No, you cannot legally withhold rent on your own. If repairs are not addressed, apply to the Tribunal for rent reduction or other remedies instead.
3. How quickly must a landlord fix mold or moisture problems?
   Landlords are required to address urgent health and safety issues as soon as reasonably possible. Severe problems should be fixed promptly; delays may justify a tenant complaint.
4. What evidence should I collect if I’m filing a complaint about mold?
   You should keep copies of your communication with the landlord, photos or videos of the mold or damage, and medical notes if you are affected by the conditions.

Conclusion: Key Takeaways

• Landlords have a clear duty to keep rental properties safe from mold and major maintenance problems.
• Prompt written notice and good documentation greatly strengthen a tenant’s case.
• When landlords fail to act, tenants can use Form 7 to seek help from the Tribunal, and past cases show support for tenants’ safety and well-being.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – Official forms, information, and dispute resolution
• Residential Tenancies Act (New Brunswick) – Full legislation
• Public Legal Education and Information Service of New Brunswick – Tenant legal rights help

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1. New Brunswick Residential Tenancies Tribunal: https://www2.snb.ca/content/snb/en/sites/rental.html
2. Residential Tenancies Act (New Brunswick): https://laws.gnb.ca/en/ShowDoc/cs/R-10.2

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