Special Tenancy Situations Checklist for New Brunswick Tenants

Navigating special tenancy situations in New Brunswick can feel overwhelming, especially if you're unsure about your rights or the necessary steps involved. Whether you’re facing urgent repairs, unexpected moves, complex deposit questions, or end-of-tenancy challenges, having a clear checklist and reliable resources is critical. This guide is designed for tenants in New Brunswick and highlights what to do in unique rental scenarios—from understanding official forms to knowing where to get help.

Overview: When Do Special Tenancy Situations Occur?

Special tenancy situations arise when standard rental arrangements are disrupted, or when tenants and landlords must deal with unexpected issues. Common scenarios include:

• Emergency or routine repairs
• Early termination of lease
• Disputes over deposits
• Health or safety risks in your rental unit
• Eviction due to landlord's personal use or renovations
• Need for additional accessibility or accommodations

Proactively knowing your rights and the correct forms to use can help protect your home and finances.

Your Checklist for Special Tenancy Situations in New Brunswick

1. Understand Your Lease and Rights

First, carefully review your lease agreement and be aware of your protections under New Brunswick's Residential Tenancies Act^[1]. Tenant and landlord obligations cover areas such as property maintenance, notice procedures, and deposits. For a full picture, see Tenant Rights and Landlord Rights in New Brunswick.

2. Respond to Health and Safety Issues

If you discover health hazards or serious safety concerns (like mold, pest infestations, or broken locks), inform your landlord in writing as soon as possible. Tenants have the right to request prompt repairs for issues that compromise the habitability of their rental unit.

For more detail on recognizing and responding to unsafe conditions, visit Health and Safety Issues Every Tenant Should Know When Renting.

3. Reporting and Requesting Repairs

Differentiating emergency from routine repairs is important:

• Emergency repairs: Examples include heating failure in winter, major plumbing leaks, or broken security doors. Notify your landlord immediately, in writing if possible.
• Routine repairs: Non-urgent items like a malfunctioning light switch or minor leaks still require timely attention. Request repairs in writing and keep a copy.

If your landlord does not respond, you may file an application with the Residential Tenancies Tribunal (see forms below).

4. Handling Rental Deposits

Security deposits are common in New Brunswick. The law limits the maximum deposit to one week's rent for a weekly tenancy or one month’s rent for other tenancies. Landlords must deposit the funds with the Residential Tenancies Tribunal and, upon move-out, release them with any applicable interest if there is no valid claim for damages.

Get clarity on your responsibilities and how to recover your deposit at Understanding Rental Deposits: What Tenants Need to Know.

5. Ending the Tenancy—Planned or Unexpected

If you plan to move out, the amount of notice depends on whether your lease is fixed-term or periodic. Unexpected moves (such as needing to break a lease for safety or employment reasons) require using the correct procedure and forms.

• Form 2: Notice of Termination by Tenant—Use to give proper notice to your landlord when ending a tenancy.
  Download Form 2 (PDF).
  Example: If your twelve-month lease is ending, provide at least one calendar month’s written notice using Form 2.
• Form 6: Application for Assistance—Use if you have unresolved issues such as repairs, maintenance, or disputes.
  Download Form 6 (PDF).
  Example: You’ve asked for urgent repairs and your landlord hasn’t responded; submit Form 6 to the Tribunal for help.

For step-by-step guidance, see How to Properly End Your Rental Agreement as a Tenant.

6. Dealing with Disputes and the Residential Tenancies Tribunal

When issues can’t be resolved directly with your landlord, New Brunswick tenants may apply to the Residential Tenancies Tribunal. The Tribunal handles deposit disputes, maintenance failures, rent increases, and more. Applications generally require supporting documentation—save all correspondence and receipts!

7. Special Cases: Accessibility, Eviction, and Renovations

• If you need accessibility modifications, talk to your landlord and consult the Tribunal for mediation if there are difficulties.
• For "renovictions" or landlord’s personal use claims, ensure you receive the required formal notice and follow Tribunal procedures to dispute if you believe the eviction is not lawful.

Support is available from local tenants’ advocacy groups and the Tribunal if you’re unsure.

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Frequently Asked Questions

1. Who handles tenant-landlord disputes in New Brunswick?
   The Residential Tenancies Tribunal manages disputes, deposit questions, and applications related to repairs or eviction.
2. How much notice must I give to end my tenancy?
   In most cases, tenants must give at least one calendar month's written notice. Use Form 2 to do so legally.
3. Can I get my security deposit back if I leave early?
   Your deposit may be returned if proper notice is given and there are no outstanding damages or rent. If a dispute arises, you can apply to the Tribunal with Form 6.
4. What if my landlord isn’t making urgent repairs?
   Document your requests in writing and, if there’s no response, submit Form 6 to the Tribunal for assistance.
5. Where can I learn more about my rights and responsibilities?
   Detailed guidance is available at Tenant Rights and Landlord Rights in New Brunswick.

How To: Resolving a Rental Dispute with Your Landlord in New Brunswick

1. How do I request repairs from my landlord?
   Notify your landlord in writing, describing the issue and requesting a timeline for the repair. Keep copies of all communications.
2. What steps can I take if repairs are not completed?
   If your landlord does not respond within a reasonable timeframe, fill out Form 6 (Application for Assistance) and submit it to the Residential Tenancies Tribunal with supporting evidence.
3. How can I formally end my tenancy?
   Complete Form 2 (Notice of Termination by Tenant), provide proper notice, and deliver it to your landlord.
4. How do I dispute my landlord's claim against my deposit?
   If you disagree with a claim, gather documents (photos, receipts), and use Form 6 to apply to the Tribunal for a decision.
5. How do I check if my landlord deposited my security deposit with the Tribunal?
   Contact the Residential Tenancies Tribunal and provide your details for verification.

Key Takeaways for Tenants

• Know your rights under New Brunswick’s Residential Tenancies Act and official Tribunal processes.
• Document everything and use official forms to handle repairs, notice of moving out, and disputes.
• Support is available—don’t hesitate to contact the Tribunal or tenant advocacy resources for guidance.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal — dispute resolution, forms, and tenant guides
• Official Forms Library (GNB) — download tenancy forms, including Form 2 and Form 6
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) — free legal info for tenants
• Tenant Rights and Landlord Rights in New Brunswick — understand your local rights

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1. [1] Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal – New Brunswick
3. Official Tenancy Forms – Government of New Brunswick

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