Penalties Tenants Can Trigger Against Landlords in New Brunswick

If you’re renting in New Brunswick, it helps to know what actions you can take when your landlord doesn’t follow the law. Tenancy rules are enforced by the New Brunswick Residential Tenancies Tribunal, which offers ways for tenants to hold landlords accountable. Understanding your rights – and what penalties or remedies you can seek – is key to ensuring safe, fair housing.

When Can a Tenant Seek Penalties Against a Landlord?

In New Brunswick, the Residential Tenancies Act protects tenants against unlawful landlord actions or neglect. As a tenant, you may have grounds to seek penalties or enforce rights if your landlord:

• Unlawfully keeps your security deposit
• Fails to provide required repairs or maintain the property
• Engages in illegal entry or privacy breaches
• Issues improper or retaliatory rent increases
• Does not follow lawful eviction processes
• Neglects health and safety responsibilities

Often, penalties mean an order for compensation, directions to fix an issue, or in some cases, administrative fines under provincial law.

Common Landlord Violations and Possible Consequences

1. Not Returning the Security Deposit

If your landlord does not return your security deposit (sometimes called a damage deposit) within 7 days of your move-out, and does not provide valid reasons, you can apply to the Tribunal for compensation. The Tribunal may order your deposit’s return with interest. Learn more about your deposit rights in Understanding Rental Deposits: What Tenants Need to Know.

2. Failure to Maintain Health and Safety Standards

Landlords must keep rental homes safe and in good repair. If they fail to fix vital services (heat, water, plumbing, etc.) or address safety hazards, you can file a complaint and request an order for repairs or, in some cases, financial compensation. For common problems and solutions, see Common Issues Tenants Face and How to Resolve Them.

3. Illegal Entry or Interference with Privacy

Except in emergencies, landlords must give at least 24 hours’ written notice before entering your unit. If a landlord repeatedly enters without notice or reason, tenants can ask the Tribunal for interventions and may be awarded compensation for disturbed enjoyment or expenses.

4. Unlawful Rent Increases or Retaliatory Actions

New Brunswick does not have rent control, but any increase or notice must comply with the Residential Tenancies Act (R-10.2). Improper increases or attempts to evict a tenant for asserting their rights can result in a reversal of such actions and related compensation.

Official Forms for Tenants Seeking Penalties

The New Brunswick Residential Tenancies Tribunal handles all rental disputes. Here are key forms and how they work for tenants:

• Application for Assistance Form (Form 6) (Download Form 6)
  Use this if you want the Tribunal to resolve disputes relating to deposits, repairs, compensation for losses, privacy violations, or health and safety issues.
  • When to use it: For most tenant complaints, such as not getting your deposit back, unaddressed repairs, or privacy breaches.
  • How to use it: Complete and submit Form 6 to the Tribunal online, by mail, or in person. Attach supporting evidence.
• Notice of Complaint: Early Termination or Repairs (Form 8) (Download Form 8)
  Use this to officially request the Tribunal to end the tenancy or order urgent repairs if conditions are unsafe or the landlord fails to act.

For help filling out these forms, tenants can contact the Tribunal by phone or visit their official website: New Brunswick Residential Tenancies Tribunal.

How the Tribunal Handles Penalties and Compensation

When a tenant submits a complaint or application, the Tribunal will review evidence and may hold a hearing. If it finds the landlord broke the law, it can order the landlord to:

• Pay the tenant compensation (e.g., return of deposit, damages for loss or inconvenience)
• Complete repairs or correct health and safety violations
• Cease illegal actions (such as unannounced entries)
• Pay administrative fines (in rare, serious cases)

The decision is formally issued in writing and is legally enforceable. If needed, further enforcement can be pursued through Small Claims Court.

What Should Tenants Do If They Want to Take Action?

Here’s a quick step-by-step overview for tenants who believe their landlord is violating tenancy rules or acting unlawfully:

1. Communicate the issue to your landlord in writing and allow a reasonable time for them to address it.
2. Gather proof (emails, letters, photos, receipts, witness statements).
3. If unresolved, complete and submit the Application for Assistance (Form 6) or other relevant form to the Tribunal.
4. Participate in the Tribunal process (provide documents, attend hearings if scheduled).
5. If you receive a Tribunal order, ensure it is followed. Seek further enforcement if needed.

Related Rights and Responsibilities

Being familiar with both tenant and landlord obligations helps prevent conflicts before they escalate. Review Obligations of Landlords and Tenants: Rights and Responsibilities Explained and see the provincial overview of Tenant Rights and Landlord Rights in New Brunswick for a helpful guide.

You can also Search Canadian rentals with interactive map view for new homes across the province if you need to relocate.

Frequently Asked Questions

1. Can my landlord be fined for not returning my security deposit?
   Yes. If the Tribunal finds your landlord withheld the deposit without cause, they can order its return with interest and may impose further penalties if the landlord is a repeat offender.
2. What if my landlord refuses to make urgent or necessary repairs?
   You can apply to the Tribunal to order repairs and potentially seek compensation if you suffered a loss or inconvenience.
3. Is there a limit to how much I can claim from my landlord?
   Generally, claims are limited to losses directly connected to the landlord's actions or omissions, such as expenses incurred, lost property value, or discomfort. The Tribunal will determine what is fair.
4. What evidence should I include in my application?
   Include written communications, receipts, photos, and witness statements to support your complaint or application.
5. Will my landlord know I filed a complaint?
   Yes, landlords are given notice and an opportunity to respond as part of the Tribunal's dispute resolution process.

Conclusion: Key Takeaways

• New Brunswick tenants can trigger penalties and compensation orders against non-compliant landlords through the Residential Tenancies Tribunal.
• Official forms like the Application for Assistance (Form 6) empower tenants to seek remedies for issues like deposits, repairs, or privacy violations.
• Documenting your situation and understanding your rights is essential for success in disputes.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Official website, guides, and forms for tenants
• Association des locataires du Nouveau-Brunswick: Tenant advocacy and support (French and English)
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Free tenant rights information
• For updated legislation, review the Residential Tenancies Act (R-10.2)

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1. Residential Tenancies Act (R-10.2) – New Brunswick
2. New Brunswick Residential Tenancies Tribunal – Government of New Brunswick
3. Tribunal Forms and Resources

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