When you move into a rental in New Brunswick and discover habitability problems, it can feel overwhelming. This guide explains renters' rights in clear language, shows how to document issues, how and when to ask your landlord for repairs, and when to escalate to the province's dispute process. You will learn practical steps for inspections, notice and repair requests, evidence to collect, and how official forms and the Residential Tenancies Tribunal can help resolve serious habitability problems. The information is written for tenants and renters who need plain guidance on protections, timelines and next steps so you can stay safe and get repairs completed quickly.
What counts as a substandard unit in New Brunswick?
Substandard units commonly have problems that affect health or safety: no heat in winter, severe leaks, exposed wiring, unsanitary pest infestations, significant mould, or loss of essential services like water. These issues can make a unit unfit to live in under provincial habitability expectations. If a defect risks health or safety, it is reasonable to expect prompt landlord action.
Before you move in: inspect and document
Do a careful initial inspection and document everything before you accept keys or sign a final move-in checklist. Take time-stamped photos and short videos, note odours, visible mould, missing safety devices (like smoke alarms), plumbing issues, or pests. Ask the landlord to confirm known issues in writing and request any promised repairs be completed first.
- Take time-stamped photos and short videos of every problem area before unpacking.
- Ask for a written move-in inspection or checklist and get the landlord to sign it.
- Confirm the condition of deposits and any agreed deductions before move-in.
If you discover problems after moving in
Notify your landlord immediately, in writing, describing the issues and requesting repairs. Be specific, include photos, and set a reasonable repair deadline. Keep copies of every message and any responses. If repairs are urgent (for example, no heat, no water, major leak), make an emergency request and note the time and date you reported it.
- Send a written repair request (email or text followed by registered letter if needed) and keep proof of delivery.
- If the landlord arranges repairs, get an itemized record of what was fixed and receipts for any paid work.
- Keep a dated log of calls, messages, photos and costs related to the problem.
- Note the timelines for repair responses; urgent repairs should be addressed promptly.
When repairs are not made
If a landlord does not fix serious habitability issues after reasonable notice, tenants can pursue formal remedies. In New Brunswick, that can include filing an application with the Residential Tenancies Tribunal for orders requiring repairs, rent abatements, or other remedies. Before filing, gather all evidence: dated photos, copies of written requests, receipts for temporary fixes, and any expert reports if applicable.[1]
Official forms and timing
Different forms are used to start a tribunal application or to give formal notice. Tenants should use the official application form to the Residential Tenancies Tribunal and any required supporting document checklist. If available, complete the "Application to the Residential Tenancies Tribunal" and attach your evidence. Read form instructions carefully to avoid delays. Many province pages include guides and sample letters you can use when notifying a landlord.
- Use the official tribunal application form and attach photos, repair requests, and receipts.
- File within any timelines stated on the tribunal website to preserve your case.
- Contact tenant advice services or legal clinics early for help completing forms.
Practical examples
Example 1: If you have persistent mould and the landlord does not respond after a written 14-day request, document the dates you asked for repairs and then file with the tribunal, attaching photos and medical notes if health is affected. Example 2: If heating fails in winter, treat this as urgent: notify the landlord immediately, request emergency repair, and follow up in writing so you can later show the timeline.
FAQ
- Can I withhold rent if the unit is substandard?
- Withholding rent is risky; instead, document the problem, notify the landlord in writing, and seek a tribunal order for rent reduction or repairs rather than stopping payments.
- How long should a landlord have to make repairs?
- Reasonable time depends on the severity: urgent health or safety issues need immediate attention, while less urgent repairs should be fixed promptly after written notice; track dates and responses.
- Do I need a lawyer to use the Residential Tenancies Tribunal?
- No; many tenants represent themselves. Legal clinics, tenant advice lines, or community legal services can help with forms and hearing preparation.
- What if I make temporary repairs and pay out of pocket?
- Keep all receipts and proof that you asked the landlord to repair first; you may seek reimbursement through the tribunal if the landlord was given reasonable opportunity to act.
How-To
- Inspect and document the issue with dated photos and short videos before doing anything else.
- Send a clear written repair request to the landlord describing the problem and asking for a specific repair timeframe.
- If the landlord arranges repairs, collect receipts and a description of the work completed.
- If no satisfactory response, contact local tenant advice or legal aid for help with forms and next steps.
- File an application with the Residential Tenancies Tribunal including all evidence and a clear statement of remedy requested.
- Attend any hearing on time and bring originals and copies of your evidence and witness contact details.
Help and Support / Resources
- Residential Tenancies Tribunal - Service New Brunswick
- Residential Tenancies Act information - Government of New Brunswick
- Tenant information and forms - Government of New Brunswick
