If you need a change to your rental home because of a disability or accessibility need, it helps to know what counts as a reasonable modification versus a structural change in New Brunswick. This guide explains plain-language steps tenants can take to request changes, how landlords may respond, what official forms and tribunal options exist, and how to document your request to protect your rights. Whether you rent an apartment, house or condo, the information below focuses on sensible next steps, timelines, and practical examples so you can move forward confidently and keep the relationship with your landlord constructive.
What are reasonable modifications and structural changes?
Reasonable modifications are changes a tenant asks to make to a rental unit to accommodate a disability or accessibility need, often reversible and inexpensive. Structural changes alter the building, affect systems or foundations, or are permanent and usually require landlord approval and permits.
Key differences
- Reasonable modifications are typically reversible and do not change the building's structure.
- Structural changes affect walls, wiring, plumbing, or the building envelope and may require permits.
- Modifications often involve a tenant request and a written agreement or form.
- Structural work usually involves contractors and landlord coordination for safety and habitability.
Legal framework in New Brunswick
New Brunswick tenants can rely on provincial tenancy rules and human rights protections when requesting accommodation. The primary legislation and the residential tenancy decision-maker explain procedures and remedies.[1][2]
Who handles disputes?
If a request is refused or a disagreement arises, tenants can apply to the provincial residential tenancy decision-maker for dispute resolution. The process and required forms are available from the official tribunal pages and forms listings.[2][3]
How to ask for a reasonable modification (overview)
- Write a short, dated request describing the modification and why it is needed, including any medical or professional support if available.
- Keep copies of photos, measurements, receipts, and any correspondence between you and the landlord.
- Discuss options with your landlord and propose a reasonable solution, including who will pay and whether the unit will be restored when you move out.
What if the landlord refuses?
If a landlord refuses a reasonable request without a valid reason, tenants can seek dispute resolution through the residential tenancy decision-maker or pursue human rights avenues when discrimination is involved. Before filing, make sure you have written requests and documentation of responses.
Practical examples
- Example: A tenant asks to install grab bars in a bathroom. This is usually a reasonable modification if the installation is done safely and can be removed later.
- Example: A tenant requests a new load-bearing wall to create wheelchair access. This is a structural change and will typically require landlord approval, building permits, and professional work.
Landlords also have obligations to maintain habitability and safety. For details on mutual responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
FAQ
- Can my landlord charge me for a reasonable modification?
- Sometimes landlords and tenants agree that the tenant will pay for a modification, or costs may be shared; always get the agreement in writing and clarify who will pay to restore the unit when you move out.
- Do I need permission to make a minor accessibility change?
- Yes—request permission in writing. Many minor modifications are allowed when they are reasonable, but the landlord's written consent protects both parties.
- Where can I apply if my request is denied?
- You can apply to the provincial residential tenancy decision-maker for dispute resolution and consult human rights resources if discrimination is suspected.
How-To
- Write a clear, dated modification request explaining the accommodation needed and include any supporting documents.
- Send the request to your landlord by email or registered mail and keep a copy for your records.
- If the landlord agrees, confirm the scope, costs, and restoration responsibilities in writing.
- If refused, gather documentation and apply to the residential tenancy decision-maker with the official application form.
Key Takeaways
- Always make modification requests in writing and keep dated copies.
- Reasonable modifications are often allowed; structural changes usually need landlord approval and permits.
- Use official forms and the residential tenancy decision-maker if you cannot resolve the issue informally.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act (New Brunswick)
- Residential tenancies forms and guides - Government of New Brunswick
For help finding accessible rental listings, try this resource: Find rental homes across Canada on Houseme.
