New Brunswick Tenant Maintenance & Repairs: Laws and Protections

As a tenant in New Brunswick, understanding your rights around maintenance and repairs is essential for a safe, livable rental experience. Whether you’re dealing with leaky roofs, broken appliances, or safety hazards, provincial laws protect you and outline what your landlord must do. Here’s a practical guide to how maintenance and repairs laws work for tenants in New Brunswick, including the legal process, required forms, and which provincial tribunal oversees disputes.

Your Right to a Safe and Habitable Rental

Every rental unit in New Brunswick must meet basic standards for health, safety, and structural integrity, as required by the Residential Tenancies Act (RTA)^[1]. This means:

• Structural issues (like major leaks or broken windows) must be fixed by your landlord.
• Heat, water, electricity, and other essential services must work reliably.
• Rental units must be free from health and safety hazards and pest infestations.

Tenants are also expected to keep their unit reasonably clean and not cause damage beyond normal wear and tear. For a broader overview of renter and landlord obligations, see the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Who Handles What? Landlord and Tenant Responsibilities

Both landlords and tenants have clear responsibilities under New Brunswick law:

• Landlords must perform necessary repairs (except damage caused by a tenant or their guests).
• Tenants must report needed repairs promptly and take care of day-to-day cleanliness and minor upkeep.

Examples of Typical Maintenance and Repairs

• Fixing a leaking roof or broken furnace (landlord's job)
• Replacing burnt-out lightbulbs (tenant's job)
• Addressing active pest infestations (usually landlord's job)
• Filling nail holes or minor patching (tenant's job)

For a detailed look at pests specifically, check out Dealing with Pests in Your Rental: Tenant Rights and Effective Solutions.

How to Request Repairs in New Brunswick

Start by telling your landlord—ideally in writing—about the problem. If nothing happens within a reasonable time (especially for urgent repairs), your next steps are:

1. Send a written notice giving your landlord a specific deadline to fix the issue.
2. Keep records (emails, letters, photos) of your requests and the condition of your rental.
3. If repairs are still not made, you can contact the Residential Tenancies Tribunal for help.

Making an Application to the Residential Tenancies Tribunal

The Residential Tenancies Tribunal of New Brunswick handles rental disputes, including maintenance/repair complaints^[2]. Here’s how you can take action if your landlord isn’t meeting their legal obligations:

• Form Name: Application by Tenant for Assistance (Form 3)
• When to use it: If your landlord won’t do necessary repairs after you’ve requested in writing and allowed a reasonable time.
• How to use: Download Form 3 from the official government site, fill it out with details of the repair issue, and submit as instructed on the form.
• Tribunal review: An officer may inspect your rental and order the landlord to complete repairs or grant you compensation.

Whether your repair situation is standard or urgent, there are guideposts to help you through each step. For emergencies, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.

Relevant Legislation and Fact Resources

All maintenance and repair rights are set out in the Residential Tenancies Act (RTA) of New Brunswick.^[1] For more on overall rental rights in your province, see Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions

1. Who is responsible for routine repairs in New Brunswick? – Routine repairs (such as fixing a door handle or leaky faucet) are generally the landlord’s responsibility, unless you caused the damage through neglect or misuse.
2. Can I withhold rent if my landlord won’t do repairs? – No, you shouldn’t withhold rent. Instead, apply to the Residential Tenancies Tribunal using Form 3 if repairs aren’t done after a reasonable timeframe.
3. What if my repair issue is a safety hazard? – For urgent health or safety issues, notify your landlord right away. If they don’t fix it quickly, you can expedite your application to the Tribunal and contact local authorities if needed.
4. Do tenants have to repair minor damages? – Tenants should fix small issues caused by their own actions, like patching small nail holes or replacing burnt-out bulbs, but landlords handle most structural and system repairs.
5. What official form do I use for repair complaints? – Use “Application by Tenant for Assistance (Form 3)” found on the NB government website for unresolved repair disputes.

How to Request Repairs in Your Rental

1. How do I ask my landlord for repairs? – Write or email your landlord describing the issue clearly. Keep a copy for your records. Always specify a reasonable deadline for the work to be done.
2. How do I file a complaint with the Tribunal? – Use the official Form 3: fill it with details about the repair (including dates you contacted your landlord) and submit to the Residential Tenancies Tribunal. Supply any photos or documentation.
3. How can I show proof that repairs are needed? – Take clear photos and keep a dated log of any communication and actions relating to the repair issue.
4. How do I follow up if my complaint is ignored? – After submitting Form 3, the Tribunal will contact you if more information is needed or may order a landlord inspection if necessary.

Key Takeaways

• You have a legal right to a safe, well-maintained rental in New Brunswick under the Residential Tenancies Act.
• Document repair requests in writing and use official forms if your landlord does not act.
• The Residential Tenancies Tribunal is your main point of contact for unresolved repair disputes.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Official Portal – Guidance, forms, and complaint instructions
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – Tenant advocacy and legal information
• For more info, read the Residential Tenancies Act (RTA)
• Canada's best rental listings platform – for easy access to available homes near you

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal of New Brunswick – Official Information

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