Living in a rental in New Brunswick can bring up questions about smoking, strong odours, and other nuisances. Tenants often want to know what landlords can regulate, who is responsible for cleaning or repairs, and how to resolve problems without immediate conflict. This article explains tenant-focused rules in plain language: when a landlord can restrict smoking, how persistent odours that affect other units are handled, what counts as a nuisance, and practical steps to document issues, notify your landlord in writing, and, if necessary, file an application with the province's residential tenancy body. It also points to official forms, filing timelines, and what to expect during a tribunal process so you can act confidently and protect your rights as a renter in New Brunswick.
What rules apply to smoking, odours and nuisances in New Brunswick?
New Brunswick tenancy rules allow landlords to set reasonable rules in the lease about smoking and odour-producing activities, provided they do not conflict with provincial legislation. A clause that bans smoking inside a unit or sets designated outdoor smoking areas is usually enforceable if it was agreed to when the tenancy began. However, landlords must still meet obligations for habitability and reasonable enjoyment of the property for all tenants.
When is an odour or behaviour a legally actionable nuisance?
An odour or activity becomes a nuisance when it substantially interferes with another tenants reasonable enjoyment of their rental home. Examples include persistent smoke that seeps into neighbouring units, strong chemicals used indoors that cause health symptoms, or repetitive behaviour that prevents a neighbour from using living spaces.
- Document the problem with dated photos, videos and a log of incidents to show frequency and impact.
- Report the issue in writing to your landlord, citing lease clauses and requesting specific remedies within reasonable timeframes.
- Ask for repairs or remediation if odours are caused by building issues like mould, ventilation or gaps in seals that the landlord must fix.
How to notify your landlord and what to include
When you tell your landlord about a smoking or odour issue, use written communication so theres a record. State the problem, dates and times, how it affects your health or enjoyment, and what remedy you want. Include copies of evidence and a reasonable deadline for action.
- Give a clear written description and include evidence attachments like photos or audio/video files.
- Set a reasonable deadline for the landlord to respond or act, for example within 7–14 days depending on urgency.
- Keep copies of delivery proof: email receipts, text threads, or a dated letter sent by registered mail.
When to apply to the Residential Tenancies Tribunal
If the landlord does not respond or take reasonable steps to stop the nuisance, tenants can apply to the provincial Residential Tenancies Tribunal for a remedy or order. The Tribunal handles disputes about tenant rights, eviction notices, repairs and habitability matters. See the Tribunal for official procedures and forms[1].
- Application to the Tribunal: use this form when attempts to resolve the issue directly have failed and you need an order for repair, compensation or to stop the nuisance.
- Evidence package: include dated logs, photos, medical notes if health is affected, and copies of written requests to the landlord.
- Hearing attendance: be prepared to explain steps you took to resolve the matter and how the nuisance affects reasonable enjoyment.
FAQ
- Can a landlord ban smoking in a building?
- Yes. Landlords can include smoking bans or restrictions in leases and building policies, and those clauses are generally enforceable if they were clear when the tenancy began.
- What if second-hand smoke affects my health?
- If smoke from another unit causes health issues, document symptoms and medical advice, inform the landlord in writing, and consider filing with the Tribunal if the landlord does not act.
- Will I be charged for remediation after smoking-related damage?
- Landlords can seek compensation for damage beyond normal wear and tear; you should request itemized costs and contest unfair deductions through the Tribunal if necessary.
How-To
- Document the odour or smoke: take dates, times, photos, videos and notes describing the impact.
- Send a written complaint to your landlord with the evidence attached and request action by a reasonable date.
- If the cause is a maintenance issue, ask the landlord for repairs and keep records of any responses or lack of action.
- Apply to the Residential Tenancies Tribunal with your evidence if the landlord does not resolve the problem within the stated timeframes.
- Attend the hearing or submit written statements; follow Tribunal directions for orders, repairs or compensation.
Key Takeaways
- Keep written records and evidence from the first incident to strengthen any future claim.
- Notify your landlord in writing and allow reasonable time for them to fix the issue before filing with the Tribunal.
- Use the official Tribunal application if informal resolution fails; bring clear documentation to hearings.
Help and Support / Resources
- Residential Tenancies Tribunal (Service New Brunswick)
- Residential Tenancies Act (New Brunswick)
- Official Tribunal forms and filing instructions
