Senior Tenant Rights in New Brunswick Care Homes

Seniors living in care homes in New Brunswick have specific rights and protections under provincial law. It's essential for both tenants and their families to understand these rights, whether moving into a care home for the first time or dealing with issues like eviction or changes in rent. This guide explains your rights, how the law applies, and the steps you can take if you encounter any problems.

Seniors and Care Home Tenancies in New Brunswick: An Overview

In New Brunswick, care homes—sometimes called special care homes, nursing homes, or assisted living facilities—fall under a mix of provincial regulations. The Residential Tenancies Act governs many aspects of tenancy, but some rules differ for care or residential facilities offering personal care or medical support.^[1]

The Office of the Rentalsman is responsible for resolving disputes and providing information to both landlords and tenants, including those in care homes. Visit the Office of the Rentalsman for official resources and forms.

Key Rights for Seniors in Care Home Tenancies

• Right to a Written Agreement: Seniors should have a clear rental or residency agreement outlining fees, services, and house rules.
• Protection from Unfair Eviction: Eviction requires proper notice and legal reasons. Immediate eviction is rare and must be justified under the law.
• Notice of Rent Increases: Rent can only be increased with written notice (usually at least 3 months). Increases must follow provincial guidelines.
• Health and Safety: The facility must remain clean, safe, and liveable. Tenants have the right to report health or repair issues.
• Access to Dispute Resolution: Seniors and their families can contact the Rentalsman for help with complaints, maintenance, or eviction concerns.

For a broader look at provincial rights, see Tenant Rights and Landlord Rights in New Brunswick.

Your Agreement and What It Should Include

Rental or residency agreements in care homes must outline:

• Cost of rent or fees (and what services are included, like meals or personal care)
• Rules for termination (how and when the agreement can end)
• Notice periods required for moving out or increasing rent
• Facility policies (visitors, noise, use of shared spaces)

It's a good idea to do a walk-through with staff when moving in. For more tips, see Essential Tips for Tenants When Moving Into a New Rental Home.

Eviction and Dispute Resolution

If a care home wishes to end a senior's tenancy, they must follow the rules set by the Residential Tenancies Act. Grounds for eviction include non-payment of rent, health and safety reasons, or when the care home can no longer meet the tenant's needs. Seniors are entitled to written notice and can dispute the eviction through the Rentalsman.

Filing a Complaint or Disputing a Notice

• Contact the facility management to discuss your concerns directly.
• If unresolved, submit Form 6: Application for Assistance to the Rentalsman (Form 6 (PDF)).
• This form is used to start a formal dispute or seek help with eviction, maintenance, repairs, or deposit issues. Clearly describe your situation and include supporting documentation if possible.
• The Rentalsman will review your application, may mediate, and can hold a hearing if needed.

Example: If you receive a 15-day notice to end your tenancy because the home says it cannot meet your care needs, but you disagree, complete Form 6 and submit it promptly to make your case. The Rentalsman will pause the eviction process while reviewing both sides.^[2]

Rent Increases and Fees

Care homes must give tenants written notice at least three months in advance before raising rents. These increases must comply with the Act and cannot happen more than once every 12 months. If you feel a rent increase is unfair, you have the right to dispute it with the Rentalsman. For more general information, review Understanding Rent Increases: What Tenants Need to Know.

Health, Safety, and Maintenance in Care Homes

All tenants, including seniors in care homes, must be provided a safe, sanitary, and properly maintained living environment. This includes:

• Working heating and plumbing
• Clean common areas
• Proper food preparation and service areas
• Accessible emergency exits and alarm systems

If maintenance or repairs are neglected, tenants can contact the Rentalsman or file a complaint. See Health and Safety Issues Every Tenant Should Know When Renting for more details.

Summary of Seniors' Rights in Care Home Tenancies

Seniors' tenancies in care homes are protected by New Brunswick law. They are guaranteed clear agreements, proper notice for any changes or eviction, safe conditions, and fair rent rules. Disputes can be resolved with help from the Office of the Rentalsman, ensuring seniors and families have access to support when needed.

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Frequently Asked Questions

1. Are care home residents covered by the Residential Tenancies Act?
   Most care home tenancies in New Brunswick are covered, but some facilities with intensive personal or medical care may have different rules. Always check your agreement and contact the Rentalsman with questions.
2. Can a care home evict a senior tenant without notice?
   No. Proper written notice and legal grounds are required for eviction, except in truly urgent situations involving safety or major rule violations.
3. What should I do if my rent is increased unexpectedly?
   You must receive at least three months' written notice for any rent increase. If you did not, contact the Rentalsman to dispute it.
4. How do I make a formal complaint or dispute an eviction?
   File Form 6 with the Office of the Rentalsman, explaining your situation and attaching supporting details. The Rentalsman can mediate and make a decision.

Key Takeaways for Senior Tenants in Care Homes

• Seniors in care homes have specific rights under the law, including protection from unfair eviction and unsafe conditions.
• Rental agreements must be clear, with proper notice for rent increases and terminations.
• Contact the Office of the Rentalsman for help with disputes, complaints, or if you have questions about your rights.

Need Help? Resources for Tenants

• Office of the Rentalsman – Provincial Tenancy Board: Information, official forms (including Form 6), and dispute support
• New Brunswick Residential Tenancies Act: Full legal text
• Tenant Rights and Landlord Rights in New Brunswick: Key facts and summary of provincial tenant and landlord rights
• New Brunswick Government Contact Centre: For help finding resources and referrals

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1. Residential Tenancies Act (New Brunswick)
2. Office of the Rentalsman – Forms and Complaints

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