Tenant Disability Rights During Evictions in New Brunswick

Facing eviction can be especially stressful for renters who have disabilities. This guide explains the practical steps tenants in New Brunswick can take to protect their rights, request reasonable accommodation from a landlord, gather documentation, and respond to notices and hearings. You will find clear action steps, examples of common accommodation requests, and where to find official forms and tribunal help. The information is written for tenants and renters, avoids legal jargon, and focuses on concrete actions to stay housed or negotiate safe outcomes in New Brunswick.

What the law says and who enforces it

New Brunswick tenancy law covers eviction procedures and sets out how landlords can end a tenancy; tenants who have disabilities may also have protections under provincial tenancy law and human rights legislation. If a landlord moves to evict for non-payment, damage, or other grounds, tenants can raise a disability accommodation request and ask the landlord to consider alternatives before proceeding to a formal hearing^[1]. If you believe an eviction is related to disability discrimination you can also seek help under human rights processes^[3].

Common eviction reasons and what accommodation could look like

• Non-payment of rent: ask for a payment plan or short extension if a disability affects your ability to pay on time.
• Damage or behaviour alleged: explain link to disability and request supportive measures instead of immediate eviction.
• Nuisance or complaints: propose reasonable changes or supports to address problems tied to your disability.

When making an accommodation request, tell your landlord what you need, why the accommodation is necessary, and offer a reasonable solution. Include any practical timeline, for example asking for an extra 14 days to secure assistance or apply for emergency rent support.

What to include when you ask for an accommodation

• A short explanation of the disability-related barrier and the specific accommodation you want (for example, a payment plan or delayed enforcement).
• Any supporting documents you can provide, such as a letter from a health professional or service provider explaining functional limits (not necessarily detailed medical records).
• Contact information and a clear request for a written reply by a specific date to avoid confusion.

Responding to an eviction notice: practical steps

1. Read the notice carefully and note any deadlines for responding or vacating; missing deadlines can affect your options.
2. Immediately send a written accommodation request to the landlord, describing the accommodation and asking to delay eviction while it is considered.
3. Gather evidence: copies of your request, medical/support letters, rent receipts, and communication logs to submit if a tribunal hearing is scheduled.
4. If the landlord files for an order, apply to the provincial tenancy tribunal and include your accommodation history and evidence in your application.
5. Seek assistance from legal clinics, tenant support groups, or disability advocacy services as soon as possible.

Forms, tribunal and legislation — what tenants should know

Use the official provincial forms when responding to notices or applying for orders; file the tribunal application by the deadline stated on the eviction paperwork. The provincial tenancy legislation sets the legal grounds and timelines for eviction and the tribunal explains filing steps and hearing procedures. If the landlord claims a breach, you can also file your written accommodation request and supporting evidence with the tribunal to explain why eviction should not proceed^[2].

FAQ

Can a landlord evict me just because I have a disability?

No. A landlord cannot lawfully evict a tenant solely because of a disability. If the reason for eviction relates to disability, tenants should request accommodation and may have recourse under tenancy law and human rights rules.

What is a reasonable accommodation?

A reasonable accommodation is a practical change or adjustment—such as a payment plan, change to rules, or permission for a support worker—that allows a tenant to meet tenancy obligations without imposing undue hardship on the landlord.

What if my landlord refuses to consider my accommodation request?

If a landlord refuses, keep a written record of the refusal, get advice from a tenant clinic or legal aid, and raise the refusal with the tribunal when you respond to the eviction.

How-To

1. Write a short accommodation request that explains the barrier and the specific change you need, and send it by email or registered mail.
2. Collect supporting documents such as a brief letter from a health professional and copies of rent receipts or payment records.
3. If you receive an eviction application, file your response with the tribunal and include your accommodation request and evidence.
4. Attend the tribunal hearing and explain how the requested accommodation would address the situation and why eviction should be avoided.

Help and Support / Resources

• New Brunswick Department of Social Development - Housing Services
• Government of New Brunswick - Residential Tenancies information
• Canada Justice - legal assistance and resources

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1. [1] Residential Tenancies Act (New Brunswick)
2. [2] New Brunswick residential tenancy and tribunal information
3. [3] Canadian Human Rights Commission - disability discrimination guidance