Safe and Habitable Rental Homes: Tenant Rights in New Brunswick

Every tenant in New Brunswick deserves a rental home that is safe, healthy, and fit to live in. The law protects you by setting out clear standards that landlords must meet—and gives you remedies if those standards are not upheld. Here’s what you need to know about your right to a safe and habitable home, with guidance for New Brunswick tenants.

What Makes a Home "Habitable" in New Brunswick?

In New Brunswick, your rental must meet a basic standard of health, safety, and comfort. The law requires every landlord to provide:

• Working plumbing, heating, and electrical systems
• Safe, secure windows and doors
• A structure in sound, weather-proof condition
• Proper sanitation (including pest control and garbage removal)
• Fire safety (working smoke alarms, clear exits)

All of these are minimum legal requirements, whether or not they are listed in your lease.

Key Legislation: Residential Tenancies Act

The Residential Tenancies Act (New Brunswick) is the main law governing rental housing. It protects your right to a home that is "habitable" and outlines how tenants can report issues or request repairs.^[1]

Landlord Responsibilities for Safety and Maintenance

Landlords are responsible for keeping your home in good repair throughout your tenancy. Routine upkeep, major repairs, and emergency fixes are all part of their legal obligations. For a deeper look at your landlord’s duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

• Regular maintenance of heating, plumbing, and appliances
• Fixing leaks, faults, or hazards quickly
• Addressing mould, pests, or sanitation problems properly
• Maintaining common areas (halls, stairs, parking lots, etc.)

If your landlord does not complete repairs after being notified, you have the right to seek action. For urgent issues like no heat in winter or unsafe wiring, immediate steps should be taken to keep you safe.

What If My Home Is Unsafe or Needs Repairs?

If your rental has safety or health issues, don't wait—take action to protect yourself and your rights.

Common Problems

• No heat or hot water
• Broken locks or windows
• Pest infestations
• Unsafe stairs or walkways
• Mould, leaks, or structural damage

Health and Safety Issues Every Tenant Should Know When Renting discusses how to recognize problems and when a property is unfit for occupancy.

How to Report Concerns and Request Repairs

• Notify your landlord in writing (keep a copy for your records)
• Clearly describe the problem and request prompt repairs
• If no action is taken, file a complaint with the Residential Tenancies Tribunal

For step-by-step details, refer to the "How To" section below.

Essential Forms and Filing a Complaint

To formally notify or take action regarding repair or safety issues, New Brunswick provides official forms:

• Application for Assistance (Form 16): Use this to request the Tribunal’s help with repair, maintenance, or habitability problems.
  Example: You have reported a broken heater in the middle of winter, but your landlord has not responded for several days.

Download Form 16 from Service New Brunswick. Submit the completed form online or by mail as directed on the government website.

Protecting Yourself During Move-In and Move-Out

As a tenant, inspecting your rental before you move in and documenting its condition at move-out can help protect your rights. For a helpful checklist, read Guide to the Initial Rental Property Inspection for Tenants.

Keep photos and records of any problems and communications with your landlord. This documentation helps if you make a claim for repairs or wish to recover some or all of your security deposit.

If you’re looking for a new place, Find rental homes across Canada on Houseme—an easy way to search for safe, affordable rentals across New Brunswick and the rest of Canada.

For detailed information about New Brunswick rental laws and your protections, see Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions

1. What should I do if my landlord ignores repair requests?
   If your landlord does not respond or complete repairs after written notice, you can apply to the Residential Tenancies Tribunal using the Application for Assistance (Form 16) for an order requiring repairs.
2. Can I withhold rent if my unit is unsafe?
   No, you must continue paying rent. Instead, use official complaint procedures to resolve the issue and protect your legal rights.
3. Who do I contact for unsafe living conditions?
   Contact the Residential Tenancies Tribunal of New Brunswick, which can order repairs or assist in emergency situations.
4. Are there specific rules for pest problems?
   Yes, landlords must resolve pest infestations promptly. If unresolved, follow the repair complaint process.

Key Takeaways

• You have a legal right to a safe, habitable home under New Brunswick law.
• Landlords must fix health and safety problems quickly—document every issue in writing.
• Use official government forms to report issues or seek orders if your landlord does not act.

Knowing your rights gives you confidence to seek safe, quality housing and get the support you need if problems arise.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Handles rental disputes, repairs, tenant complaints, and applications
• Public Safety – Consumer Protection (NB) – For urgent health or safety matters
• Social Development – Housing (NB) – Provincial housing support and resources
• For local advice, contact a tenant advocacy group or legal clinic in your area.

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1. Read the Residential Tenancies Act (New Brunswick)

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