Mold Case Lessons for Tenants: What NB Renters Need to Know

Mold problems can cause real stress for renters in New Brunswick. While some of the most publicized mold-related legal victories have come from Ontario, tenants here can learn valuable strategies for getting repairs done, protecting their health, and ensuring homes are safe.

Why Mold Issues Matter for NB Tenants

Mold can cause serious allergies, asthma flare-ups, and even long-term health problems. Under New Brunswick’s rental laws, tenants have a right to a safe and healthy place to live. Your landlord is responsible for making sure your rental home is maintained and free from hazards such as mold.

What Ontario Mold Cases Show Tenants

Many Ontario tenants have brought successful mold claims at the Landlord and Tenant Board, leading to rent reductions, orders to complete repairs, and in some cases even permission to end leases early. The key takeaways from those cases:

• Document mold issues early and thoroughly (photos, detailed notes, records of your requests for repair).
• Notify your landlord in writing—keep copies of all communications.
• If the landlord doesn't fix the problem promptly, apply to your province’s rental tribunal for help.

In New Brunswick, similar legal standards apply under the Residential Tenancies Act^[1].

Tenants’ Rights and Landlord Responsibilities

Both Ontario case law and New Brunswick law require landlords to:

• Maintain the structure and ensure major repairs are done promptly
• Address all health and safety risks, including mold

Not all mold issues are the landlord’s fault, especially if caused by tenant neglect (like failing to ventilate). However, if the underlying problem is poor insulation, leaks, or unaddressed water damage, your landlord must act.

For a detailed look at landlord and tenant legal duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What to Do If You Discover Mold in Your NB Rental

• Document the problem: Take photos and notes on where and when you see mold or dampness.
• Tell your landlord right away: Do this in writing (email or letter). Clearly describe the issue and ask for prompt repairs.
• Keep records: Save all replies, work orders, and your own follow-up notes.

Filing a Complaint in New Brunswick

If the landlord does not fix the mold problem within a reasonable time, tenants in New Brunswick can file a complaint with the Residential Tenancies Tribunal (RTT)^[2]. The RTT is the official body responsible for resolving these matters.

To begin, use the "Application for Assistance – Repairs" form (Form 3-8). Here’s how:

• When to use: If your landlord has not resolved mold, water leaks, or similar safety risks after reasonable notice.
• How to use: Download the Application for Assistance – Repairs (Form 3-8). Complete the form with detailed information about your complaint and supporting documentation. Submit it to the RTT by email or in person as indicated on the form.
• What happens next: The RTT may order your landlord to repair or remediate the mold. In some situations, rent may be withheld or reduced until repairs are made.

Tips for Protecting Your Health

• Don’t delay: Mold issues tend to worsen over time. Address them early.
• If you are concerned about your health, consult a medical professional.
• Keep windows open when weather allows and use fans to reduce indoor humidity.

For more on safe living conditions, visit Health and Safety Issues Every Tenant Should Know When Renting.

How Ontario Mold Legal Wins Can Guide NB Tenants

Ontario cases show that well-documented, persistent reporting pays off. Canadian tribunals—including New Brunswick’s—often base their rulings on proof and the reasonableness of tenant and landlord actions. Learn from Ontario victories by being organized, persistent, and knowing your rights.

You can also Browse apartments for rent in Canada if you’re seeking a healthier rental environment.

For more jurisdiction-specific information, see Tenant Rights and Landlord Rights in New Brunswick.

FAQs: Mold Issues & Tenant Rights in NB

1. Who is responsible for fixing mold in my rental unit?
   Landlords must address mold caused by leaks or maintenance problems, but tenants need to report the issue promptly and keep the home ventilated.
2. What if my landlord ignores my mold complaint?
   You can file an Application for Assistance – Repairs (Form 3-8) with the Residential Tenancies Tribunal if the landlord does not act within a reasonable time.
3. Can I stop paying rent because of mold?
   No, you must still pay rent. However, if repairs are not made, the Tribunal may allow a rent reduction or order compensation.
4. What proof do I need for a mold complaint?
   Take clear photos, save health records (if relevant), and keep all correspondence with your landlord.
5. I want to move because of mold. What are my rights?
   If the Tribunal determines your unit is unsafe and unlivable, you may be allowed to end your lease early without penalty.

Key Takeaways for NB Tenants Facing Mold

• Always document mold and communicate clearly with your landlord
• If repairs aren’t made, apply to the Residential Tenancies Tribunal using official forms
• Ontario case wins show the importance of persistence and thorough documentation

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – information and forms
• Provincial Information Line: 1-888-762-8600 (for tenants' questions and support)
• Residential Tenancies Act of New Brunswick
• Local tenant advocacy groups (check regional listings)

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal New Brunswick

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