Tenants and renters in New Brunswick have the right to live in safe, structurally sound homes. When walls, floors, roofs, balconies or load-bearing elements show signs of failure, or when severe leaks, major cracks, sagging or persistent mould threaten habitability, you can and should act. This guide explains what counts as a structural hazard, what landlords must do, and what steps you as a tenant can take — including documenting the issue, giving written notice, and applying to the provincial Residential Tenancies Tribunal if repairs are not made. It uses plain language and practical examples so renters can protect their health and safety and pursue timely remedies.
What is a structural hazard?
A structural hazard is a defect or damage that affects the building's load-bearing components or overall stability and safety. Typical examples include large cracks in foundations or load-bearing walls, sagging floors or rooflines, collapsed balconies, significant water damage affecting structural timbers, or other failures that make a unit unsafe to occupy.
Who enforces tenancy standards in New Brunswick?
The Residential Tenancies Tribunal handles disputes about repairs, habitability and eviction in New Brunswick[1]. The Tribunal applies provincial tenancy legislation and can order repairs, rent abatements or other remedies when a landlord does not meet their obligations under the Residential Tenancies Act[2].
Tenant and landlord responsibilities
Landlords are generally responsible for maintaining the structural integrity of a rental unit and common areas. Tenants must take reasonable care and report problems promptly. Clear, written communication helps establish a record when serious hazards appear.
For a practical overview of repair responsibilities and landlord obligations see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
How to respond to a structural hazard
Follow a clear sequence: document the hazard with photos and notes, tell your landlord in writing, give a reasonable deadline for repair, and if the landlord does not fix it, apply to the Tribunal. Below are steps and examples a tenant can follow.
- Document the problem with dated photos, video and a short written log.
- Give written notice to the landlord describing the hazard and the action you want taken.
- Allow a reasonable time for repairs depending on the severity; follow up in writing.
- Contact local emergency services if the hazard poses an immediate danger to people.
When is a hazard an emergency?
An emergency affects safety or creates an immediate risk of injury or further major damage — for example a collapsing balcony, exposed electrical wiring, or flooding that threatens structure and health. For guidance on emergency repair rights see Emergency Situations and Repairs: Tenant Rights and Responsibilities.
Practical examples and forms
Example 1: If you discover a large crack in a load-bearing wall and the ceiling shows sagging, take photos, email the landlord a clear description with the date, and request urgent repairs. If the landlord does not respond, you may apply to the Residential Tenancies Tribunal for an order requiring repairs and a possible rent reduction[1].
Example 2: If a roof leak has soaked joists and led to rot, document the damage, get a short repair estimate if safe to do so, and include that estimate when you file a written complaint. The Tribunal has application forms and guidance for tenants on how to present repair requests and evidence[3].
For general tenant health and habitability guidance see Health and Safety Issues Every Tenant Should Know When Renting.
FAQ
- What counts as a structural hazard?
- Structural hazards are defects that affect the building's stability or safety, such as major cracks, sagging floors, collapsed balconies, or severe water damage to load-bearing elements.
- Can I withhold rent if my unit is unsafe?
- Withholding rent is risky and usually not recommended. Instead, document the issue, give written notice, and apply to the Residential Tenancies Tribunal for remedies like repair orders or rent abatement.
- How do I apply to the Tribunal?
- Apply by completing the Tribunal's application form, attach your evidence, and follow filing instructions on the Tribunal website. The form guides you through describing the hazard and the remedy you seek.
How-To
- Document the hazard thoroughly with photos, dates and a short written log.
- Send a written notice to the landlord describing the hazard and requesting repairs within a reasonable time.
- If there is immediate danger, contact emergency services and inform your landlord right away.
- If the landlord does not act, complete and submit the Tribunal application with evidence and witness statements if possible.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act - Government of New Brunswick
- Tribunal forms and filing instructions - Government of New Brunswick
