Resolving Repair Disputes for Tenants in New Brunswick

It’s common for tenants in New Brunswick to have disagreements with landlords about repairs and maintenance. Knowing your rights, responsibilities, and the right steps to take can help you find a fair solution, whether you’ve just moved in or are preparing to leave. This practical guide breaks down what’s required by law, how to document problems, and how to resolve disputes, helping you protect your home and peace of mind.

Typical Repair Disputes in New Brunswick Rentals

Both tenants and landlords have obligations when it comes to keeping a rental in good repair. The most common disputes relate to:

• Unrepaired plumbing, heating, or electrical systems
• Leaks, mould, or water damage
• Unsafe stairs, windows, or doors
• Pest infestations
• Essential appliances not working

It's important to distinguish between routine repairs (general wear and tear) and damage caused by tenants or guests. For a full explanation of routine versus urgent repairs, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

Your Rights and Responsibilities Under New Brunswick Law

In New Brunswick, tenants are protected by the Residential Tenancies Act^[1]. This law sets out that landlords must:

• Keep the premises in a good state of repair and fit for habitation
• Maintain all vital services, such as heat, water, and electricity
• Comply with local health, safety, and housing standards

Tenants must:

• Keep the rental reasonably clean
• Report necessary repairs promptly
• Not cause damage, and repair any damage caused by their own negligence

For more detail on these responsibilities, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

When Is a Repair the Landlord’s Duty?

A landlord must address repairs due to normal wear and tear—like broken locks or a faulty furnace—but is not responsible for fixing damage caused by the tenant. If an issue impacts health or safety, it must be fixed quickly by the landlord. Learn about health and safety basics in Health and Safety Issues Every Tenant Should Know When Renting.

What to Do When Repairs Aren’t Being Done

If you’ve reported a repair and your landlord does not act within a reasonable time, follow these steps:

• Communicate the issue in writing (email/letter) and keep a dated copy for your records.
• Document the problem with photos or videos.
• Record all communication and responses about the repair.

Filing a Complaint with the New Brunswick Residential Tenancies Tribunal

The official body that handles tenancy disputes in New Brunswick is the Residential Tenancies Tribunal^[2]. If issues aren’t resolved, you can submit a complaint using these official forms:

• Tenant’s Application for Assistance (Form 6): Use this if your landlord fails to perform necessary repairs after proper notice. Download Form 6 here.
  • Example: If your heat hasn’t worked for several days despite repeated requests, fill out Form 6 and submit it to the Tribunal.
• Notice to Landlord to Remedy Defect (Form 10): While not required, you may send this form to formally notify your landlord before filing a complaint. Get Form 10 here.

The Tribunal will review your submission and may order the landlord to complete repairs or take other action if appropriate.

How Repairs Affect Moving In and Moving Out

Keeping good records and ensuring repairs are done matters most during the move-in and move-out stages:

• During move-in, complete an inspection report and note any existing damage or unfinished repairs. See the Guide to the Initial Rental Property Inspection for Tenants for tips.
• When moving out, ensure all your requested repairs (not due to tenant damage) are documented. This can help secure your security deposit.
• You can also refer to the Tenant Rights and Landlord Rights in New Brunswick page for a comprehensive rights overview in the province.

Resolution Resources and Moving Forward

• Try to resolve disputes directly with your landlord with clear, polite communication.
• If needed, use the forms and the Tribunal process described above.
• Explore Houseme for nationwide rental listings if you decide to move and want to find a rental where your needs are met: Browse apartments for rent in Canada.

With a clear understanding of the process and your rights, you can resolve most repair disputes quickly and fairly.

Frequently Asked Questions

1. What can I do if my landlord is ignoring urgent repairs like no heat or a burst pipe?
   Contact your landlord in writing as soon as possible. If the issue isn’t fixed, submit a Tenant’s Application for Assistance (Form 6) to the Residential Tenancies Tribunal.
2. Are tenants responsible for damages they didn’t cause?
   No. Tenants are only responsible for damage they, their guests, or pets cause. Landlords cover routine repairs and general wear and tear.
3. What if a landlord tries to charge me for repairs that were needed before I moved in?
   Provide your move-in inspection report and any evidence you collected to show the issue was pre-existing.
4. Can I withhold rent if repairs are not being made?
   Withholding rent is not permitted in New Brunswick and may result in eviction. Always follow the legal process to resolve repair disputes.
5. How long does it take for the Tribunal to handle repair complaints?
   Processing times can vary, but emergency issues may be expedited by the Tribunal.

Key Takeaways

• Document all repair requests and responses in writing.
• Use official forms and the Tribunal process if repairs are not addressed.
• Know and protect your rights when moving in or out.

Proactive communication and good record-keeping are your best tools in rental repair disputes.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Guidance, forms, and complaint process
• Residential Tenancies Act of New Brunswick: Full legislation
• Toll-Free Tribunal Information Line: 1-888-762-8600
• Tenant Rights and Landlord Rights in New Brunswick: Quick facts about tenancy in your province
• Explore Canada's best rental listings platform

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

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