Who is responsible for snow removal and accessible entry in New Brunswick?
Under New Brunswick tenancy rules, landlords generally have a duty to keep rental premises in a state of repair and fit for habitation. That duty commonly extends to keeping common entrances, stairs, sidewalks, and building entryways free of hazards that affect safety and accessibility. Tenants are responsible for the condition of areas they exclusively control (for example, a private porch or walkway to a ground-floor unit) unless the lease says otherwise or the landlord has agreed to clear it. When in doubt, raise the issue in writing and reference the specific safety concern so the landlord can respond promptly[1].
Practical steps tenants should take
- Send a written notice to your landlord describing the icy or obstructed entry and the action you want taken.
- Take dated photos and keep a brief log of hazards, times, and any conversations or messages.
- Contact building management or a landlord representative immediately if the condition presents an urgent safety risk.
- Keep receipts if you must hire temporary snow clearing; these may be needed if you later seek reimbursement through the tribunal.
When to ask for an accessibility accommodation
If you or a household member has mobility, vision, or other limitations that make snow or ice a barrier, request an accommodation in writing. Explain the specific accessibility need, propose reasonable solutions (for example, priority clearing of a main accessible entrance or a cleared path to public transit), and offer documentation if required. Reasonable accommodation requests should be considered promptly by the landlord; if the landlord refuses without valid reasons, you can apply to the Residential Tenancies Tribunal for remedy[1].
Official forms and when to use them
When informal requests do not resolve the issue, tenants may need to file an application with the province’s residential tenancy decision body or use prescribed notice forms. Common official documents include:
- Application to the Residential Tenancies Tribunal (Form RT-1) — used to start a formal dispute when a landlord does not address safety or accessibility problems; for example, file this form if a landlord ignores repeated written requests to clear a common entry that blocks a wheelchair ramp[3].
- Written notice templates for repairs or maintenance — use these to create a dated, specific record asking for snow/ice removal and an accessible solution; keep a copy for your records and attach photos when possible[3].
Timing and possible outcomes
Give your landlord a reasonable time to act after a written request; what is reasonable depends on the severity and safety risk (for example, same-day action for a blocked accessible ramp, or 24–72 hours for routine sidewalk clearing). If the landlord fails to act, you can file an application with the tribunal asking for an order to compel the landlord to remedy the condition or for compensation if you paid for emergency clearing. The tribunal may order repairs, reimbursements, or other remedies based on the evidence[1].
How landlords and tenants share obligations
Both parties should review their lease and local guidance to understand who is responsible for particular areas. For general summaries of rights and duties, tenants can review resources on landlord and tenant obligations to better prepare a written request or complaint. See Obligations of Landlords and Tenants: Rights and Responsibilities Explained for a clear breakdown of common responsibilities and examples.
Finding accessible rentals and local listings
If you are searching for a home with built-in accessibility or reliable winter maintenance, consider checking national listings that let you filter features and locations. Explore Houseme for nationwide rental listings to view searchable listings and map tools that can help you find properties with the accessibility features you need.
FAQ
- Who is responsible for clearing snow from shared walkways and building entrances?
- Generally the landlord is responsible for common areas, including main building entrances and shared sidewalks; tenants usually handle private entryways they control. Check your lease and send a written request if the shared area is unsafe or inaccessible[1].
- Can I clear snow myself and deduct the cost from my rent?
- Only do this if your lease or local legislation and the tribunal specifically allow it, or after getting a tribunal order. Always keep receipts and documentation; filing an application first is the safer route if the landlord refuses to act[3].
- How quickly will the tribunal decide my snow or accessibility complaint?
- Timelines vary by case urgency and tribunal schedules. For urgent safety issues there are faster processes; for standard complaints expect several weeks for hearing and decision. File early and provide clear evidence to speed review[1].
How-To
- Serve a written notice to your landlord describing the hazard, the precise location, and the remedy you want; keep a copy and record the delivery date.
- Document the condition with dated photos, short notes about times and risks, and any messages exchanged with the landlord.
- Allow a reasonable timeframe for the landlord to respond based on urgency; for immediate safety threats follow local emergency procedures.
- If the landlord does not act, file an application with the Residential Tenancies Tribunal asking for an order to fix the condition or compensation, attaching your documentation.
- If you need short-term help, contact municipal services, community assistance programs, or emergency services as appropriate for safety.
Key Takeaways
- Document hazards immediately with photos and written records.
- Send a clear written notice to the landlord before escalating.
- Use the tribunal when informal steps fail and you need a formal order or reimbursement.
Help and Support / Resources
- Residential Tenancies Tribunal (Government of New Brunswick)
- Residential Tenancies Act (New Brunswick legislation)
- Application and notice forms for tenancy disputes (Government of New Brunswick)
