Step-by-Step Guide to Resolving Tenant Disputes in New Brunswick

Are you a tenant in New Brunswick facing issues like unpaid repairs, rent increases, or eviction threats? Navigating rental disputes can feel daunting, especially if you've never dealt with the dispute resolution process before. This guide offers a plain-language, step-by-step overview of your options and rights under New Brunswick tenancy law, so you can resolve conflicts fairly and confidently.

Understanding Rental Disputes in New Brunswick

Common disputes between tenants and landlords might involve maintenance delays, health and safety concerns, unexpected rent increases, or disagreement over deposits. Knowing your rights is the first step to effective resolution. In New Brunswick, residential tenancies are governed by the Residential Tenancies Act¹. The Residential Tenancies Tribunal (RTT) is the official government body handling rental disputes and administration in the province (Residential Tenancies Tribunal).

Types of Disputes the Tribunal Handles

• Rent increases, payment issues, or late fees
• Problems with repairs, maintenance, or safety
• Disputes over deposits and move-out damages
• Eviction notices or disagreement about ending a lease
• Landlord entry without notice or privacy violations

For a more in-depth overview, see Tenant Rights and Landlord Rights in New Brunswick.

Step-by-Step: How to Resolve a Dispute With Your Landlord

Resolving disputes follows a clear path in New Brunswick. Here are the practical steps tenants should take:

1. Talk and Try to Settle Directly

If safe and reasonable, start by discussing the issue with your landlord. Clearly explain your concern, what solution you seek, and suggest a reasonable timeline. Keep a record of all communication.

2. Put Your Complaint in Writing

If conversation doesn't resolve the issue, send your complaint in writing (email or letter). Clearly state:

• The problem (with dates and details)
• The remedy you want (e.g., repairs done, a written agreement, correction of an error)
• Your contact information

Keep a copy for your records. Written documentation offers stronger evidence if you need to escalate.

3. Apply to the Residential Tenancies Tribunal (RTT)

If you can't settle privately, you can apply to the RTT for a formal ruling. This is a free and straightforward process for most tenant issues.

Key RTT Forms for Tenants

• Application for Assistance – Form A
  Used by tenants to request tribunal help with repairs, rent disputes, deposit disagreements, or eviction notices.
  Example: If your landlord refuses urgent repairs, fill out Form A and submit it online.
  Download Form A (Application for Assistance)
• Notice of Termination (Form 6A or 6B)
  Tenants use this to end a lease. Example: If you're in a month-to-month rental, serve the appropriate notice using Form 6A.
  Download Form 6A (Tenant Notice to Terminate)
• Notice of Objection – Form J
  Used if you disagree with a rent increase notice or a landlord's application against you. Example: If you receive a Tribunal Order you believe is unfair, submit Form J within 7 days.
  Download Form J (Notice of Objection)

Find all forms and guides at the official New Brunswick Residential Tenancies Tribunal website.

If you have issues like pests, poor repairs, or health hazards, see Common Issues Tenants Face and How to Resolve Them for practical solutions before applying to the Tribunal.

4. What Happens After You Apply?

The RTT will review your form, notify the landlord, and may request evidence or hold a hearing (by phone or in writing). The Tribunal then issues a decision (called an 'Order').

If you believe the Tribunal's decision is incorrect, you can file a Notice of Objection (Form J) within 7 days to ask for reconsideration.

Deadlines and Important Timeframes

• Respond to Rent Increases: If you receive a rent increase notice you disagree with, object within 15 days.
• Dispute a Tribunal Order: File Form J within 7 days of receiving the decision.
• Check each form or notice for specific response deadlines.

Where to Turn for More Information

The New Brunswick Residential Tenancies Act contains all legal requirements for notices, evictions, deposits, and dispute resolution.¹ Further details about landlord or tenant obligations can be found in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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FAQs: Tenant Dispute Resolution in New Brunswick

1. Can the RTT help with health and safety issues in my apartment?
   Yes. If your landlord refuses to fix health or safety problems, you can apply to the RTT using Form A, and the Tribunal can order repairs or other remedies.
2. What does it cost to file a dispute with the Residential Tenancies Tribunal?
   There is no fee for tenants to file most applications with the RTT in New Brunswick.
3. Do I need a lawyer to resolve my dispute with my landlord?
   No. The process is designed for tenants to represent themselves, but you may bring an advocate or support person if you wish.
4. What if I disagree with the Tribunal's decision?
   You can file a Notice of Objection (Form J) within 7 days of receiving the decision to have your case reviewed again.
5. Where can I find the official tribunal forms?
   Official forms are available for download from the NB Residential Tenancies Tribunal website.

How-To: Filing a Tenant Application in New Brunswick

1. How do I file a complaint with the Residential Tenancies Tribunal?
   Complete Form A (Application for Assistance) and send it online or via mail to the Tribunal, attaching any evidence you have (emails, photos, receipts).
2. How can I dispute a rent increase from my landlord?
   Submit a written objection to the rent increase within 15 days, using Form J if needed, and provide reasons or supporting documents.
3. What steps should I take if my landlord gives me an eviction notice?
   Double-check that the notice is in the correct format. If you dispute it, apply to the RTT with reasons and any supporting documents.
4. How do I end my tenancy properly as a tenant?
   Fill out Form 6A and give your landlord the required notice period as set by the Act.

Key Takeaways

• The Residential Tenancies Tribunal is the main authority for rental disputes in New Brunswick.
• Always try to settle disputes directly, but use the Tribunal if necessary—forms and instructions are available online.
• Know your deadlines, keep records, and use the right forms for your situation.

Need Help? Resources for Tenants

• NB Residential Tenancies Tribunal – official help and forms
• Call the Tribunal: 1-888-762-8600 (toll-free in NB)
• New Brunswick Legal Aid (tenant support): www.legalaid.nb.ca
• Tenant & landlord rights guide: Tenant Rights and Landlord Rights in New Brunswick

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¹ See the New Brunswick Residential Tenancies Act for the latest legal details and requirements.

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