Tenants who face unsafe or uninhabitable conditions sometimes rely on maintenance orders to get repairs completed. In New Brunswick, tenants and landlords each have duties: landlords must fix problems that affect habitability, and tenants must not ignore formal orders or allow hazardous conditions to persist. Ignoring a maintenance order can lead to fines, administrative penalties, and legal steps that affect your tenancy. This guide explains how fines are imposed in New Brunswick, which official forms and tribunals are involved, how to respond practically as a renter, and steps to document problems so your rights are protected. It aims to help renters understand options and deadlines without legal jargon, including when to seek tribunal help or external assistance.
How fines and enforcement work in New Brunswick
If a maintenance order is ignored, the Residential Tenancies Tribunal or relevant provincial office may enforce the order and apply penalties. The tribunal provides hearings and orders that can require repairs, set deadlines, or impose fines on the non-compliant party[1]. Enforcement can vary depending on the urgency of the repair, the safety risk, and whether the responsible party was properly notified.
- Fines and administrative penalties can be issued to a landlord or tenant found responsible for breaching a maintenance order.
- Orders often include specific timeframes to complete repairs; missing those deadlines can trigger further sanctions.
- In persistent or severe cases, the tribunal can hold hearings that may lead to eviction applications or binding decisions.
Common official forms and when to use them
New Brunswick provides specific forms for repair requests and tribunal applications. The most commonly used documents include the Application to the Residential Tenancies Tribunal (Form 1) and a formal Notice to Repair/Order document used by the tribunal or enforcement office. Use the application form to ask the tribunal for an order when informal requests and landlord communications have not resolved the issue. Many of these forms and instructions are published by the provincial government and the tribunal[2].
- Application to the Residential Tenancies Tribunal (Form 1) — When to use: file this to ask the tribunal to order repairs or address repeated non-compliance. Example: you submitted two written repair requests and the landlord did not act; you file Form 1 to request a hearing.
- Notice to Repair / Order form — When to use: used by the tribunal or enforcement officer to set a deadline for fixes. Example: the tribunal issues a Notice to Repair giving the landlord 14 days to correct a heating failure.
What tenants should do if they receive or observe an ignored maintenance order
Document everything: dates, photos, messages and copies of any notices. If a landlord ignores a maintenance order, contact the tribunal or enforcement office for guidance and consider filing the official application form to request enforcement. You can also request an inspection or ask for an interim hearing if the condition is urgent.
- Keep a clear record of repair requests, emails, texts, photos and any receipts for repairs you paid for yourself.
- Contact tenant services or the tribunal early to confirm deadlines and next steps.
- If a repair is urgent (no heat, major water leak, electrical hazard), note the urgency when filing and ask for an expedited hearing.
Resolving disputes without fines or hearings
Often the fastest outcome is clear, calm communication plus supporting documentation. Offer the landlord reasonable access to inspect and repair, and provide written timelines. If you make temporary repairs or hire a contractor for an emergency, keep all invoices and photos and check whether the tribunal allows recovery of reasonable costs.
FAQ
- Who decides whether a fine is applied for ignoring a maintenance order?
- The Residential Tenancies Tribunal or designated provincial office determines fines and enforcement after reviewing evidence and any hearings.
- Can a tenant be fined for refusing repairs?
- Tenants can face penalties if their actions breach the rental agreement or a tribunal order; discuss safety concerns and follow formal processes to withhold consent only when legally permitted.
- How long will it take to get an order enforced?
- Timelines vary: routine cases may take weeks, urgent issues can be prioritized; always note applicable deadlines in tribunal communications.
How-To
- Collect evidence: take photos, save messages, and write a timeline of events.
- Send a clear written request to your landlord asking for repairs and keep a copy.
- If ignored, complete the tribunal application form and submit it as directed by the tribunal.
- Attend any hearing or inspection and present your documentation on the scheduled date.
- If the tribunal issues an order, follow its instructions and note deadlines for enforcement or appeals.
Key Takeaways
- Ignoring maintenance orders can lead to fines, tribunal orders, or eviction applications.
- Document everything and use the official forms to request tribunal help.
- Contact provincial tenant services early for guidance on urgent repairs and deadlines.
Help and Support / Resources
- Residential Tenancies information for New Brunswick
- Residential Tenancies Tribunal contact and services
- Official forms for residential tenancy issues
For help finding housing options during a dispute, consider using a national listings tool such as Find rental homes across Canada on Houseme to compare available rentals.
