Proving Landlord Retaliation in New Brunswick: Tenant Legal Guide

If you feel your landlord is acting against you after you've asserted your rights—such as asking for repairs or making a complaint—it may be considered landlord retaliation. Understanding how to identify, document, and prove retaliation is crucial for tenants in New Brunswick. This guide will help you recognize retaliation, gather the right evidence, and take action through the proper legal channels, always keeping your rights front and centre.

What Is Landlord Retaliation?

Landlord retaliation occurs when a landlord punishes a tenant for exercising their legal rights. In New Brunswick, landlords cannot evict, threaten, or penalize tenants (for example with rent increases or loss of services) just because a tenant has filed a complaint, requested repairs, or reported health and safety violations.

Common Forms of Retaliation

• Issuing an eviction notice soon after you make a complaint
• Significantly increasing rent after you report maintenance issues
• Cutting off or reducing essential services (like heat or water)
• Refusing reasonable repairs after you’ve exercised your rights

If you experience these situations, retaliation may be at play. Tenant Rights and Landlord Rights in New Brunswick provides more details on your legal protections.

Relevant Law and Where to Get Help

In New Brunswick, tenant rights are governed by the Residential Tenancies Act^[1]. Disputes about retaliation are handled by the Residential Tenancies Tribunal of New Brunswick.^[2]

Key Steps to Prove Retaliation

To successfully make your case, you'll need to collect evidence that shows your landlord’s actions are linked to your recent exercise of your rights. Here’s how to approach this process:

1. Document Everything

• Keep all communication records—emails, text messages, and letters.
• Write down the date and details of every conversation about complaints, repairs, or issues.
• Record when you notified your landlord about problems like repairs or health and safety concerns.
• Collect receipts, official complaint forms, and photographs as needed.

2. Identify the Timeline

Retaliation is often shown by timing. For example, if your landlord issues a notice to end your tenancy shortly after you contact the Tenancies Tribunal or report a serious repair need, this timeline can be evidence of retaliation. Lining up the dates of your complaint and your landlord’s response is key.

3. Show Cause and Effect

Link your action (like making a repair request) to your landlord’s negative response. Did eviction, rent increases, or service cut-offs happen only after your complaint or legal action? The stronger the link, the better for your case.

Forms You May Need

Tenants in New Brunswick can use the "Application for Assistance" (no official form number) to start a dispute with the Residential Tenancies Tribunal. This form lets you notify the tribunal of suspected retaliation and request intervention or a formal hearing.

• When to use: If you have evidence of retaliation after exercising your tenant rights, such as getting an eviction notice soon after making a justified complaint.
• How to use: Complete the relevant sections, provide a timeline, and attach your evidence. Submit it directly to the tribunal by mail, in person, or online via the official Service New Brunswick Rental Portal.^[2]

Taking Action: How to File a Complaint

• Gather all documentation showing the timeline and evidence of retaliation
• Download or fill the Application for Assistance via the Service New Brunswick Rental Portal
• Submit your form and supporting evidence to the Residential Tenancies Tribunal
• Attend any scheduled hearings and be ready to present your records

Need more background on your fundamental rights as a renter? See Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Tips to Strengthen Your Case

• Report issues as soon as they arise and keep a log
• Follow up all requests and complaints in writing
• Bring witnesses, if possible, to support your testimony
• Show a clear pattern—one incident might not be enough for the tribunal to act

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FAQ: Tenant Questions About Landlord Retaliation

1. What kinds of tenant actions are protected against retaliation?
   Tenants are protected when asserting legal rights, such as reporting maintenance needs, requesting health and safety repairs, or filing official complaints with the Tribunal.
2. What evidence do I need to make a case for retaliation?
   You'll need dated records of your requests or complaints, copies of landlord responses, and any notices you've received shortly after your actions.
3. What happens if the Tribunal finds the landlord retaliated?
   The Tribunal may reverse the eviction notice, require the landlord to reinstate services, or order other remedies under the Residential Tenancies Act.
4. How long do I have to file a complaint?
   Generally, it’s best to act as soon as possible—preferably within days or weeks of the retaliatory action. Check with the Tribunal or a tenant advocate for further details.
5. Where can I get free advice on tenant issues?
   Contact the Residential Tenancies Tribunal or local tenant advocacy organizations in New Brunswick for confidential advice and support.

Key Takeaways for Tenants

• Landlord retaliation is illegal under New Brunswick law
• Careful documentation is critical for proving your case
• The Residential Tenancies Tribunal is your official resource for submitting complaints and evidence

By following these steps, tenants can protect their right to safe and fair housing.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – official forms, guidance, and dispute resolution
• Residential Tenancies Act of New Brunswick – read your legal rights in full
• Tenants' Resource Centre (local or regional)—provides information and referrals
• Tenant Rights and Landlord Rights in New Brunswick

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

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