Being injured in your rental home can be stressful and confusing. If poor maintenance, unsafe conditions or delayed repairs contributed to your injury, you may have options under New Brunswick tenancy rules to seek compensation or repairs. This guide explains, in plain language, what tenants should do after an injury, how landlord negligence is assessed, when to involve medical professionals or lawyers, and what the Residential Tenancies Tribunal handles in New Brunswick. It uses practical examples, explains official forms and timelines, and points to government resources to help you take the next steps without legal jargon. The focus is on clear actions tenants can take to protect health, document incidents, and preserve potential claims.
Understanding landlord negligence and tenant injuries
Landlord negligence means a landlord failed to meet legal duties to keep the rental in a reasonably safe and habitable condition. In New Brunswick, tenancy obligations and remedies are guided by provincial tenancy law and the provincial tribunal that hears disputes [2]. Not every accident is negligence; there must be a link between the landlords failure (for example, not fixing a broken stair or a longstanding mold issue) and the injury that occurred. Tenants should focus on documenting the condition, notifying the landlord in writing, and keeping medical records.
Common examples where negligence may apply
- Broken stairs, loose railings, or unsafe balconies that were not repaired after notice.
- Persistent heating, plumbing, or electrical problems that create dangerous conditions.
- Known mold or water damage that was not addressed and leads to illness.
Immediate steps tenants should take after an injury
- Seek medical care and get written records of diagnosis, treatment and any restrictions.
- Notify the landlord in writing right away and request repairs or remediation; keep a copy of the message and note when you delivered it.
- Take dated photos and videos of the hazard, keep receipts for medical and related expenses, and record witness names and contact details.
When to involve the Residential Tenancies Tribunal
If the landlord does not fix the issue or denies responsibility, tenants can seek resolution through the provincial tribunal that handles residential tenancy disputes [1]. Before filing, try a clear written request for repair and give the landlord a reasonable time to act. If repairs are urgent and the landlord fails to respond, document your attempts to notify them and follow safety steps required by law.
Official forms and how tenants use them
There is an official application process to bring a tenancy dispute, including injury or habitability claims, to the tribunal. The common form is titled "Application to the Residential Tenancies Tribunal" (form number: N/A). Use this form to describe the dispute, list the remedy you seek (repairs, reimbursement, or compensation), and attach evidence such as photos and receipts. Practical example: if you slipped on ice in a shared entryway that the landlord did not clear after written notice, complete the application, attach photo evidence and a copy of your written repair request, and submit it to the tribunal for review [3].
FAQ
- How do I know if a landlords actions count as negligence?
- Negligence usually requires a landlord duty, a failure to meet that duty, and a direct link between the failure and your injury. Document the condition and any written requests you made for repair.
- Where do I file a complaint or application?
- File an application with the New Brunswick Residential Tenancies Tribunal. The tribunal evaluates disputes and can order repairs, reimbursement, or compensation depending on the evidence [1].
- How long do I have to bring a claim?
- Limitation periods and specific deadlines may apply under provincial law; check the Residential Tenancies Act and file as soon as possible to protect your rights [2].
How-To
- Gather evidence: collect photos, videos, medical notes, receipts and witness names.
- Notify the landlord in writing requesting repairs and save a dated copy of the notice.
- Complete the Application to the Residential Tenancies Tribunal and attach your evidence and copies of written notices.
- Submit the application to the tribunal and prepare for a possible hearing with originals of your documents and any witnesses.
- If the tribunal issues an order, follow its directions and keep records if the landlord does not comply.
Help and Support / Resources
- Residential Tenancies Tribunal - file an application
- New Brunswick Residential Tenancies Act
- Service New Brunswick - tenant services and forms
