What the law says in New Brunswick
The governing statute for residential tenancies in New Brunswick is the Residential Tenancies Act.[1] The provincial body that accepts disputes is the Residential Tenancies Tribunal, operated through Service New Brunswick.[2] Under the Act, landlords must provide and maintain premises in a state of reasonable repair and fit for habitation. That includes repairing roof leaks that affect the unit’s safety, heat, or protection from the elements.
When to report a roof leak
Report any leak to the landlord as soon as you notice it. Prompt reporting is important for safety and for creating a clear record of dates and communication. If a leak causes flooding, exposed wiring, or immediate health risks, treat it as an emergency and ask for immediate action.
- Contact your landlord right away and explain the problem, including when it started and where the water is coming in.
- Document the leak with dated photos and short notes about the time and any damage to belongings.
- If the leak is worsening or risks structural or electrical damage, request immediate repairs and explain the urgency.
What landlords must do and typical timelines
Landlords are required to keep rental units in repair and must fix issues that affect habitability. Reasonable timelines depend on the severity: emergency repairs should be addressed immediately, while non-urgent roof repairs should be arranged promptly and within a reasonable period after notice.
For routine repair responsibilities and clear examples of tenant and landlord duties, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities. For urgent or emergency repair guidance, including when landlords must act immediately, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.
How to request repairs and protect your rights
Follow a clear, written process to request repairs and keep records. Start with a written notice that describes the leak, the date, and any immediate risks. Keep copies of messages, photos, and any responses from the landlord. If repairs are delayed despite requests, you may have options with the tribunal.
- Send a written repair request and keep proof (email, text, or registered mail) so there is a record of the date and details.
- Keep an evidence log with photos, short notes about visits or worsening conditions, and any costs you incur to protect the unit.
- If a landlord does not respond, ask for timeline information and state that you may apply to the tribunal if the problem is not fixed.
When to apply to the Residential Tenancies Tribunal
If a landlord fails to arrange repairs within a reasonable time after you have given notice, or if the landlord refuses, you can apply to the Residential Tenancies Tribunal for an order to compel repairs or for compensation for damage. Before applying, gather your written requests, photos, and any receipts for costs you incurred.
To apply, tenants use the tribunal application form to set out the problem, the landlord’s responses, and the remedy you request.[3]
FAQ
- How quickly must my landlord fix a roof leak?
- Repairs must be done within a reasonable time depending on severity; emergencies require immediate action while non-urgent leaks should be fixed promptly after notice.
- Can I arrange repairs myself and deduct the cost from rent?
- Only follow this route if the law or your lease allows it and after clear written notice; check the Residential Tenancies Act and seek tribunal guidance before deducting rent.
- What evidence helps a tribunal case about roof leaks?
- Clear dated photos, written repair requests, copies of messages, receipts for repairs or damaged items, and witness statements strengthen a tenant’s claim.
How-To
- Contact your landlord immediately, describe the leak, and request a repair timeframe.
- Document the issue with timestamped photos and short notes about damage and dates.
- Mitigate damage safely (move belongings, place buckets) and keep receipts for any necessary expenses.
- If repairs are not made, complete and submit the tribunal application form with your evidence and requested remedy.
Help and Support / Resources
- Residential Tenancies Tribunal (Service New Brunswick)
- Residential Tenancies Act (New Brunswick)
- Application to the Residential Tenancies Tribunal (forms and instructions)
