Step-by-Step Help with Special Tenancy Situations in New Brunswick

If you are a tenant in New Brunswick and facing a special or challenging tenancy situation — whether that's early lease termination, eviction notices, unaddressed repairs, or an urgent maintenance concern — it's crucial to understand your rights and what steps to take. New Brunswick's rental laws offer important protections for tenants navigating unexpected or difficult scenarios. This guide breaks down the process, highlights vital forms, and directs you to official resources so you can take informed action with confidence.

Understanding Special Tenancy Situations in New Brunswick

Special tenancy situations can include emergencies (like sudden repairs or health hazards), landlord entry concerns, eviction notices, subletting, or the need to break your lease early. Each scenario comes with specific provincial procedures and protections. In New Brunswick, tenant-landlord relationships are governed by the Residential Tenancies Act.^[1]

What Are "Special Situations"?

• Emergency repairs not addressed by your landlord
• Receiving a notice of eviction
• Requesting early termination for reasons such as health or safety
• Issues with roommates or subletting
• Landlord entry without proper notice
• Disputes about rent increases or additional fees

No matter your situation, following the right steps helps protect your rights and improve your outcome.

Your First Steps: Know the Board and Your Legislation

All rental disagreements and applications in New Brunswick are handled by the Residential Tenancies Tribunal.^[2] This provincial body oversees rule enforcement, disputes, and processing of all tenancy forms.

It's essential to understand the Residential Tenancies Act as it outlines the responsibilities and protections for both tenants and landlords.

Common Problems and Step-by-Step Solutions

• Repairs and Emergency Situations: If urgent repairs aren't being done, document the issue (photos, communication records) and notify your landlord in writing. For tips, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.
• Eviction Notices: Review the notice for legal validity. The landlord must use the proper official form and provide the correct notice period. You have the right to dispute an eviction through the Residential Tenancies Tribunal.
• Ending Your Tenancy Early: If you need to break your lease due to special reasons, you must submit the right form and provide supporting documentation. More info is available in the section below.
• Disagreement Over Rent or Deposits: Document everything and submit an application to the Tribunal if the issue isn't resolved after communicating with your landlord. For financial disputes, see Understanding Rental Deposits: What Tenants Need to Know.

Important Forms for Special Situations

• Application to the Director (Form 12) – Use this when you need the Tribunal to make a decision about a dispute, such as wrongful eviction or urgent repairs. For example: if your landlord issues an eviction notice you believe is unfair, submit Form 12 with your explanation and any proof.
• Notice to Terminate Tenancy (Form 1 or 2) – These are official notices used either by landlords or tenants to end a rental agreement. For health/safety reasons, tenants can sometimes end an agreement early with this form and supporting evidence: View all official tenancy forms.
• Tenant's Notice of Objection (Form 6.1) – If you receive a notice of rent increase or eviction and wish to object, use this form to formally dispute it with the Tribunal within the deadline. Access Form 6.1

Each of these forms should be completed fully and submitted to the Residential Tenancies Tribunal according to the instructions on the official website. Always keep copies for your records.

Step-by-Step: How to Respond to a Special Tenancy Situation

1. Identify the problem. Clearly determine if your situation falls under special tenancy issues, such as emergency repairs, a dispute, or eviction notice.
2. Communicate in writing with your landlord to try and resolve the issue directly. This can often resolve misunderstandings and creates a paper trail.
3. Document everything: Keep photos, emails, letters, and any other proof related to your issue.
4. Submit the appropriate form to the Residential Tenancies Tribunal. Refer to official government forms and follow all instructions.
5. Attend a hearing or respond to notices if the Tribunal requests more information or schedules a mediation.

This approach helps protect your rights and provides proof should you need to escalate your matter.

Useful Internal Resources

• For a broader look at common rental challenges and solutions, see Common Issues Tenants Face and How to Resolve Them.
• For an overview of rights and responsibilities under New Brunswick law, review Tenant Rights and Landlord Rights in New Brunswick.

Legislation and Where to Get More Information

The Residential Tenancies Act is the central law governing all tenancies in New Brunswick. Reviewing sections relevant to your situation can help clarify your rights and the required process.^[1]

If you're still searching for a place or need to relocate suddenly due to a special situation, Find rental homes across Canada on Houseme.

FAQ: Dealing with Special Tenancy Problems in New Brunswick

1. What is considered an emergency repair in New Brunswick?
   An emergency repair is a problem that, if not fixed quickly, affects your health or safety or makes the unit uninhabitable (like no heat in winter).
2. How do I dispute an eviction notice from my landlord?
   Respond using the Tenant's Notice of Objection (Form 6.1) within the time limit and submit it to the Residential Tenancies Tribunal.
3. Can I break my lease early for personal reasons?
   Generally, you can't break your lease early unless there is a specific legal reason (such as health, safety, or other protected grounds). You must provide notice and any required proof to the Tribunal.
4. What happens if my landlord enters my unit without proper notice?
   Landlords must give at least 24 hours’ written notice before entry (except emergencies). You can notify the Tribunal if your rights are violated.
5. Where can I find official government forms for tenancy issues in New Brunswick?
   All official forms are available on the Provincial Government Landlord & Tenant webpage.

How To: Applying to the Residential Tenancies Tribunal in New Brunswick

1. How do I file a dispute with the Residential Tenancies Tribunal?
   Decide which form fits your situation (e.g., Form 12 for most disputes), complete it, and submit it to the Tribunal as directed.
2. How do I challenge a rent increase?
   If you receive a notice of rent increase, fill out Tenant's Notice of Objection (Form 6.1) and submit it within the time frame.
3. How do I request urgent repairs from my landlord?
   Notify your landlord in writing. If unresolved, use Form 12 to apply for a Tribunal order.

Key Takeaways

• Special tenancy situations require clear, documented communication and use of official forms.
• The Residential Tenancies Tribunal is your go-to authority for resolving disputes or challenging landlord actions.
• Review your rights under the Residential Tenancies Act.^[1]

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – New Brunswick (complaints, forms, guidance)
• Legal Information in NB – Landlord & Tenant
• Tenant Rights and Landlord Rights in New Brunswick
• For urgent situations, contact the Tribunal by phone or email (listed on their official web page)

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal – Official Government Site

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