What counts as noise or nuisance in shared rentals?
Noise or nuisance generally means unreasonable interference with a tenant’s quiet enjoyment of the rental unit. Examples commonly include excessive late-night parties, persistent loud music, repeated aggressive behaviour, smoke or odours that make living areas unusable, and actions that create safety or health risks.
- Excessive overnight noise that prevents sleeping or studying.
- Behaviour that threatens the safety or creates a code violation in the building.
- Repeated damage or misuse of common systems (plumbing, heating) that affects habitability.
- Harassment or intimidation among co-tenants that interferes with living conditions.
How to document noise and nuisance
Good documentation is the foundation of any successful complaint. Keep a dated log of incidents, take photos or short videos that clearly show the disturbance when safe and lawful to do so, collect witness names, and save any messages or emails related to the problem.
- Keep a written incident log with dates, times, and short descriptions of each disturbance.
- Save messages, emails, and screenshots that relate to the nuisance or landlord communications.
- Record environmental evidence like photos of damage or odours when possible and safe.
Talking to roommates and landlords
Start with a calm conversation with the person causing the issue; often peers are unaware of the impact of their behaviour. If that does not work, put the request in writing to the co-tenant and to your landlord, describing the issue, dates, and what you are asking them to do.
If the landlord does not act, tenants in New Brunswick can apply to the Residential Tenancies Tribunal for resolution[1]. Use the official application form when available and follow the Tribunal’s directions about evidence and timelines[2].
What the Tribunal or formal process can do
The Tribunal can order remedies such as requiring the landlord to repair or fix issues, ordering the tenant causing the nuisance to stop certain behaviour, or in serious cases awarding compensation or termination of tenancy. Hearings generally focus on evidence, timelines, and whether the conduct breaches the Residential Tenancies Act or the rental agreement[3].
Practical tips for tenants
- Keep communication written when the issue is persistent so there is a record of requests and responses.
- Know the paperwork: note deadlines to file complaints and the type of evidence the Tribunal prefers.
- If the shared situation is untenable, begin planning a move and look for alternatives early; Find rental homes across Canada on Houseme.
FAQ
- Can my landlord evict a roommate for noise?
- Landlords may pursue eviction if a roommate repeatedly breaches the tenancy agreement or creates severe nuisance, but eviction usually requires notice, evidence, and a Tribunal decision in New Brunswick.
- What if the landlord says it’s a private dispute between roommates?
- Even if behaviour starts as a private dispute, landlords still have responsibilities to maintain habitability and quiet enjoyment; ask the landlord in writing to address the problem and, if needed, apply to the Tribunal.
- How long will the Tribunal process take?
- Timing varies by caseload and complexity; file early, follow directions for evidence, and meet any deadlines stated by the Tribunal to avoid delays.
How-To
- Document the problem: create an incident log with dates, times, photos, and witness names.
- Speak calmly with the roommate causing the issue and attempt a written agreement on reasonable behaviour.
- Notify the landlord in writing, describe what you want fixed, and keep a copy of the notice for your records.
- If the landlord does not resolve it, complete the official application to the Residential Tenancies Tribunal and submit by the required deadline[2].
- Prepare for the hearing: organize your evidence, bring witnesses where applicable, and follow the Tribunal’s instructions.
Key Takeaways
- Document disturbances promptly and keep all related records.
- Attempt direct resolution first, then escalate to written notices and official processes if needed.
- Use the Residential Tenancies Tribunal when informal solutions fail and follow the forms and deadlines carefully.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- Residential Tenancies Act (New Brunswick) - official legislation
- How to apply to the Residential Tenancies Tribunal (forms and instructions)
