Tenant Compensation for Landlord Breaches in New Brunswick

If you're a tenant in New Brunswick facing issues like withheld repairs, illegal rent increases, or improper entry by your landlord, you have rights under provincial law. Knowing how to seek compensation for landlord breaches is crucial for protecting your living situation and financial well-being.

Overview: Tenant Rights to Compensation in New Brunswick

In New Brunswick, the Residential Tenancies Act (RTA) sets out the obligations of both landlords and tenants. When a landlord doesn't meet their responsibilities—such as failing to provide essential repairs, entering your apartment without proper notice, or improperly withholding your security deposit—you may be entitled to compensation through the proper legal process.^[1]

Common Landlord Breaches That May Lead to Compensation

• Failure to complete urgent repairs affecting health or safety
• Improper deduction or refusal to return security deposit
• Unapproved or illegal rent increases
• Unlawful entry without advance notice
• Harassment or interference with your right to quiet enjoyment

Each case depends on specific facts, so documenting the breach is important. For more on who is responsible for what, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

How to Seek Compensation: The Formal Process

In New Brunswick, compensation claims for landlord breaches are handled by the Residential Tenancies Tribunal. Tenants can apply to this Tribunal when their landlord fails to meet legal responsibilities under the Residential Tenancies Act.

Key Steps for Tenants

• Document the issue (photos, communications, receipts)
• Communicate in writing with your landlord about the problem
• If the problem continues, apply to the Residential Tenancies Tribunal for resolution

The Tribunal can order your landlord to pay you compensation, reduce rent, or take other actions, depending on the situation.

Official Forms Required

• Application for Assistance (Form 6)
  Form 6 – Application Form is used by tenants to request the Tribunal’s help when a landlord breaches the Act or rental agreement.
  Example: If your landlord refuses to return your security deposit without reason, you can complete this form, provide your documentation, and submit it online or by mail. The Tribunal will review your complaint and may hold a hearing.

Always ensure you have all supporting evidence (photographs, rental agreement copy, written requests you've made to your landlord) when filing.

Types of Compensation Available

If the Tribunal finds your landlord at fault, you may be awarded:

• Full/partial refund of your security deposit (sometimes with interest)
• Repayment for costs you've covered due to landlord’s breach (e.g., emergency repairs)
• Compensation for loss of quiet enjoyment, moving expenses, or higher alternate rent (in rare cases)

Security deposit disputes are a common issue. For more, read Understanding Rental Deposits: What Tenants Need to Know.

Relevant Legislation and Board

• Residential Tenancies Act (GNB)
• Residential Tenancies Tribunal

Time Limits for Filing a Compensation Claim

File your application as soon as possible after the alleged breach. Most issues should be reported during your tenancy or within a reasonable time after moving out. Claims for security deposit returns must be filed promptly after the rental ends.

Summary: Compensation Process

In summary, tenants can seek compensation for landlord breaches by documenting issues, using official application forms, and applying to the Residential Tenancies Tribunal. The Tribunal has the legal power to order landlords to pay compensation or correct breaches under the Residential Tenancies Act.

For additional tips resolving common rental issues, see Common Issues Tenants Face and How to Resolve Them.

To compare tenant rights in your province, visit Tenant Rights and Landlord Rights in New Brunswick.

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FAQ: Tenant Compensation and Landlord Breaches in NB

1. Can my landlord evict me for complaining about a breach?
   No. If you make a legitimate complaint or file a claim, retaliatory eviction is not allowed under New Brunswick law.
2. What evidence do I need for my compensation claim?
   Keep written communications, photos, repair receipts, and a copy of your rental agreement. The more details you have, the better your chances.
3. What if my landlord withholds my security deposit without reason?
   Complete Form 6 and apply to the Tribunal. They can order your landlord to return your deposit.
4. How long does the Tribunal take to decide?
   Timelines depend on the issue's complexity, but most matters are resolved within weeks of the hearing. The Tribunal will contact you directly about next steps.
5. Is there a cost to apply for compensation?
   No. In New Brunswick, there is no fee for tenants applying to the Residential Tenancies Tribunal.

Conclusion: Key Takeaways

• New Brunswick tenants can claim compensation if their landlord breaches the Residential Tenancies Act
• Keep records of all landlord interactions and document any breaches
• Use the official Tribunal forms and contact the Residential Tenancies Tribunal for help

Understanding your compensation rights helps ensure your rental arrangement is fair and legal.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – New Brunswick: Guidance, complaint process, and forms
• Tenants' Rights Information – Government of New Brunswick
• New Brunswick Legal Aid Services: Free and low-cost legal advice for tenants

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1. GNB. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal – Official Information

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