Tenants and renters in New Brunswick need clear information about who is responsible when a roof leaks or a chimney becomes unsafe. This guide explains landlord duties, common inspection and repair practices, and practical steps tenants can take when problems affect safety or habitability. It covers how to report issues, expected timelines for repairs, emergency procedures for hazards like structural collapse or carbon monoxide risks, and how to document damage and communication. You will also find when to apply to the Residential Tenancies Tribunal and what forms are commonly used, plus advice on temporary housing and preserving evidence for disputes. The language is plain and focused on actions renters can take to protect health and safety in their homes.
Who is responsible for roofs and chimneys?
In New Brunswick, landlords are generally responsible for maintaining the structure and exterior of a rental property, which includes the roof, gutters, flashing and chimneys. That responsibility covers repairs needed to keep the unit safe and habitable, including leaks, loose shingles, damaged flashing, blocked chimneys, or masonry that risks collapse. Tenants should report issues quickly and in writing so there is a clear record of the problem and the date it was reported.
Typical landlord duties and best practices
- Repair leaking roofs, damaged flashing, and broken gutters promptly to prevent water damage and mold.
- Ensure chimneys are structurally sound and free of blockages that could cause smoke or carbon monoxide problems.
- Arrange regular inspections after severe weather and document findings in writing for tenant records.
- Follow applicable building codes and safety regulations to protect occupants from collapse or fire risks.
When tenants should act and what to expect
Tenants should notify the landlord in writing as soon as they discover a roof leak, falling masonry, or signs of chimney damage. The written notice should describe the problem, the date discovered, and any immediate safety concerns. If repairs are delayed and the problem affects habitability or safety, tenants may need to escalate the matter to the Residential Tenancies Tribunal [1] or seek emergency services if there is immediate danger.
Notices, timelines and emergency repairs
There is no single universal repair timeline for every issue: urgency depends on risk and the nature of the problem. Landlords should act faster for structural risks, leaks that will cause major damage, or hazards such as carbon monoxide or fire risk. Tenants should allow reasonable access for inspections and repairs, after receiving proper notice.
- Report non-urgent roof or chimney damage in writing and expect a response within a reasonable time based on risk and weather conditions.
- For urgent hazards (collapse risk, heavy leaks, carbon monoxide), landlords should arrange immediate repairs or safe alternative accommodation.
- If the landlord will not or cannot fix the issue promptly, tenants can file an application with the Residential Tenancies Tribunal [1] to request an order for repairs.
Documenting problems and evidence
Good documentation helps tenants and landlords resolve issues faster. Take dated photos or video, keep copies of written notices and any landlord responses, and keep receipts for expenses related to temporary repairs or emergency accommodation.
- Photograph damage from multiple angles and include close-ups of leaks, cracks, or missing mortar.
- Keep a written log of calls, visits, and inspection dates with names of workers or inspectors present.
- Save invoices and receipts for any agreed repairs or emergency housing costs so you can seek reimbursement if ordered by the Tribunal.
Official forms and how tenants use them
Tenants may need to use official forms when asking the Residential Tenancies Tribunal for help. The common documents include an application to the Tribunal and any forms required to request urgent remedies. The Tribunal and provincial legislation explain which form to use and how to file it; these official pages also include examples and contact details [1][2].
- Application to the Residential Tenancies Tribunal (official application form): used when a tenant asks the Tribunal to order repairs or other remedies; for example, a tenant files this form after repeated written notices about a leaking roof that the landlord has not fixed.
- Notice or written request templates (where provided): used to start the repair request process and create a dated record; for example, sending a written repair request by email or registered mail before filing an application.
Tenant options if repairs are not made
If the landlord does not act within a reasonable time for a serious safety issue, tenants can file an application with the Residential Tenancies Tribunal to request an order for repair or other remedies. The Tribunal can order repairs, rent abatements, or other outcomes depending on the evidence. In urgent life-safety situations, tenants should first contact emergency services and consider temporary relocation.
If you need to look for alternate housing because a unit is unsafe, you can Find rental homes across Canada on Houseme to compare listings and find temporary options.
Useful internal guides
For broader landlord and tenant responsibilities, consider these site guides:
- Essential Guide for Landlords: Rights, Responsibilities, and Best Practices
- Health and Safety Issues Every Tenant Should Know When Renting
FAQ
- Who pays for roof or chimney repairs?
- Landlords are typically responsible for structural and exterior repairs, including roofs and chimneys, unless the tenant caused the damage intentionally or through neglect.
- What if my landlord doesn’t fix a dangerous roof or chimney?
- Give written notice, allow reasonable access for repairs, and if the landlord does not act, apply to the Residential Tenancies Tribunal to request an order for repairs or other remedies.
- Can I withhold rent until repairs are done?
- Withholding rent is risky and not usually recommended; follow the notice and Tribunal process instead or seek legal advice because improper withholding can lead to eviction proceedings.
How-To
- Document the problem with dated photos, video and a short written log describing the issue and when you discovered it.
- Send a written repair request to your landlord describing the hazard, the date, and asking for a timeline for repairs; keep a copy.
- Allow reasonable access for inspections or repairs after you receive proper notice from your landlord or contracted workers.
- If the landlord does not act within a reasonable time for a safety issue, file an application with the Residential Tenancies Tribunal and attach your evidence.
Help and Support / Resources
- Contact the Residential Tenancies Tribunal (New Brunswick)
- Residential Tenancies Act (New Brunswick)
