Step-by-Step Guide to Tenant Rights & Responsibilities in New Brunswick

If you're a tenant in New Brunswick facing challenges with your landlord, rent, or your living conditions, knowing your rights is the first step toward a solution. This guide offers practical, step-by-step help with tenant rights and responsibilities problems in New Brunswick, with clear references to the latest laws, procedures, and official resources. Whether you're dealing with maintenance issues, worries about a rent increase, or have questions about ending your tenancy, this page is for you.

Understanding Your Basic Tenant Rights and Responsibilities

As a tenant in New Brunswick, your rights and responsibilities are set out in the Residential Tenancies Act (New Brunswick)^[1]. Here are the fundamental things you should know:

• Your landlord must provide safe, healthy, and fit living conditions.
• You must pay rent on time, keep your unit reasonably clean, and avoid damage.
• Both tenant and landlord must follow proper notice procedures for ending a lease.

Explore the full overview of Tenant Rights and Landlord Rights in New Brunswick for detailed information on laws unique to this province.

Common Problems Faced by Tenants (and How to Tackle Them)

Most issues fall into one of several categories. Here’s what to do, and where to get help:

• Unfair rent increases: Your landlord must provide written notice and follow the Act's rules. Documentation is crucial if you want to challenge a rent increase.
• Repairs and maintenance: If your unit needs fixing, ask your landlord in writing. If there’s no response, you can escalate the matter.
• Security deposit disputes: There are clear rules for deposit amounts and returns. Know your rights before you move out or when a dispute arises.
• Eviction notices: Specific forms and timelines apply. Never ignore a notice—always respond promptly and know your options.
• Health or safety problems: These require urgent action. See below for steps on how to address them.

Who Handles Disputes? The Office of Residential Tenancies

The Office of the Rentalsman (Residential Tenancies, Service New Brunswick) is the official body for tenant-landlord disputes in New Brunswick. Tenants must use their processes and forms when taking action, whether it's applying for a repair order or disputing a termination notice.

Filing Complaints and Official Forms

Many tenant issues can only be addressed formally by submitting the right forms to the Office of Residential Tenancies (Rentalsman). Here's what you need to know about the most common forms:

• Application for Assistance (Form 3):
  When to use: If you're facing any dispute with your landlord—like non-repair of essentials, improper entry, or a rental disagreement—complete Form 3 - Application for Assistance. For example, if your landlord won't fix a leaking roof and your requests go unanswered, fill out this form to officially start the complaint process.
• Notice of Termination (Form 7A or 7B):
  When to use: If you need to end your tenancy, you must give the landlord the correct notice (Form 7A for fixed-term or month-to-month tenancy; Form 7B for special termination situations). Always keep a copy for your records.
• Notice of Objection (Form 6):
  When to use: If your landlord files a complaint or you disagree with a Rentalsman decision, you can file Form 6 - Notice of Objection to appeal.

Remember: Always submit forms promptly and keep proof of submission (like email receipts or dated copies).

Essential Advice for Tenants Facing Issues

When problems arise, take these steps:

• Communicate with your landlord in writing—email or letter (keep copies!)
• Read your lease agreement and seek clarification if unsure
• Use the correct official form if you need to escalate a problem
• Contact the Office of Residential Tenancies for guidance

For detailed guidance about your obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

More Tenant Resources

• Learn about Understanding Rental Deposits: What Tenants Need to Know – useful if you're moving in or out.
• For safety or building condition concerns, visit Health and Safety Issues Every Tenant Should Know When Renting.
• Quickly explore Houseme for nationwide rental listings when searching for a new home.

Being proactive and organized makes it much easier to resolve issues and protect your rights.

Frequently Asked Questions (FAQs)

1. What are my rights as a tenant in New Brunswick? You are entitled to a safe, fit rental unit, proper notice before eviction or rent increases, and fair return of your security deposit. See Tenant Rights and Landlord Rights in New Brunswick for more details.
2. How much notice does my landlord need to give before increasing rent? Landlords must provide at least 3 months’ written notice before increasing rent, using the appropriate form.
3. What should I do if my landlord won’t make repairs? Request repairs in writing. If ignored, file an Application for Assistance (Form 3) with the Office of the Rentalsman.
4. Can I end my lease early? Only in certain situations (like danger or violation of your rights) and usually by using the proper notice form (Form 7B). Check your lease and speak to the Rentalsman for specifics.
5. Where can I get official forms for tenant issues? All forms are available from the Office of the Rentalsman website.

How To: Taking Action with Tenant Problems

1. How do I start a formal complaint about my landlord? Communicate your concern in writing first. If not resolved, fill out the Application for Assistance (Form 3) and submit it to the Office of the Rentalsman, following the instructions on the official government website.
2. How can I dispute an eviction? Review the notice carefully. If you disagree, file a Notice of Objection (Form 6) promptly—usually within 7 days—from when you receive the decision or notice.
3. How do I request maintenance? Send your landlord a written request detailing what needs fixing and by when. If not addressed, escalate using Form 3.
4. How do I get my security deposit back? Request your deposit return at the end of your tenancy. If your landlord withholds it unfairly, file a complaint with the Rentalsman using Form 3.

Key Takeaways

• Know your rights and use official forms to resolve problems.
• Document all communication and keep copies of notices and forms.
• The Office of the Rentalsman is your main resource for disputes and questions.

Need Help? Resources for Tenants

• Office of the Rentalsman (Residential Tenancies): Residential Tenancies, Service New Brunswick
• Rentalsman Forms and Guides: Download official forms
• Free tenant support: Local community legal clinics and tenant advocacy groups can help. Contact Service New Brunswick (1-888-762-8600) for directions to support services.

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1. New Brunswick Residential Tenancies Act: Full Legislation
2. Office of the Rentalsman (Residential Tenancies, Service New Brunswick): Official Site
3. New Brunswick Residential Tenancy Forms: Downloadable Forms

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