Tenant Liability Claims in New Brunswick: A Tenant’s Guide

Living in a rental unit in New Brunswick comes with both rights and responsibilities. When unexpected damage happens—like a kitchen fire or an accidental flood—you might face a tenant liability claim. Understanding how these claims work in New Brunswick can help tenants protect themselves financially and avoid disputes with landlords.

What Is Tenant Liability?

Tenant liability refers to the legal responsibility a tenant has if their actions—or the actions of their guests—cause damage to the landlord’s property or injury to others. This could include accidental water damage, fire, or even property damage caused by a pet. In New Brunswick, both the lease agreement and provincial law set out the expectations around liability.

Relevant Laws and Who Handles Disputes

In New Brunswick, the Residential Tenancies Tribunal oversees rental issues, including disputes over liability claims^[1]. The main legislation is the Residential Tenancies Act of New Brunswick^[2]. This law outlines landlord and tenant rights, rules for damage, and dispute resolution procedures.

How Tenant Liability Claims Are Made

If a landlord believes a tenant has caused damage, the landlord may serve notice and seek compensation either by deducting from the security deposit or filing an application with the Tribunal. Tenants should know:

• Landlords must provide evidence of the damage and estimated repair costs.
• Tenants have the right to respond, dispute the claim, or provide their own evidence.

If you’re unsure of your rights and responsibilities, check out the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Common Types of Tenant Liability Claims

Claims often involve:

• Accidental fire or water damage
• Broken windows or doors
• Damage from moving out (like holes in walls or carpet stains)
• Actions by roommates or guests

It’s important to remember that you are not responsible for normal wear and tear but may be held liable for negligent or intentional damage.

The Role of Tenant Insurance

While tenant insurance is not mandatory in New Brunswick, many landlords require you to have it. Liability coverage in your policy helps pay for damage you unintentionally cause. Check your policy details or talk to your insurer to make sure you’re protected if a claim arises.

Dealing With a Liability Claim: Step-by-Step

• Review any claims or notices your landlord provides about alleged damage.
• Gather your own evidence (photos, emails, receipts) to show the condition of the property or proof the damage was not your fault.
• Respond to your landlord in writing, ideally within a few days. Clearly state your side and include your evidence.
• If you disagree with the landlord’s claim and cannot resolve it, you can apply to the Residential Tenancies Tribunal to dispute the deduction or claim.

Before moving in, a detailed inspection is your best defense. Learn more in the Guide to the Initial Rental Property Inspection for Tenants.

Relevant Forms

Most tenant–landlord disputes over liability in New Brunswick are handled by filing a complaint or application with the Tribunal. The most common forms are:

• Application for Assistance (RTB-10):
  Application for Assistance (RTB-10) — Use this form to start a dispute or respond to a landlord’s claim if you believe an amount is unfairly withheld or you disagree with an alleged damage.
  Example: If your landlord claims $500 from your security deposit for a damaged door, but you believe it’s normal wear and tear, you can use this form to challenge the deduction.
• Condition Reports:
  Although not a Tribunal form, both you and your landlord should keep move-in and move-out condition reports to serve as key evidence in liability disputes.

What Happens If a Tenant Is Found Liable?

If the Tribunal decides you are responsible for damage, the landlord can deduct the amount from your deposit or request payment. If unresolved, the landlord may pursue the matter in Small Claims Court. For an overview of tenant and landlord rights in your region, visit Tenant Rights and Landlord Rights in New Brunswick.

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Frequently Asked Questions

1. Are tenants required to have liability insurance in New Brunswick?
   No, it is not legally required, but landlords can ask for proof as a condition in your lease.
2. What if I disagree with a landlord’s deduction for damage?
   You can challenge it by submitting an Application for Assistance (RTB-10) to the Residential Tenancies Tribunal and presenting your evidence.
3. Am I responsible for damage caused by my guests?
   Yes. In most cases, tenants are responsible for the actions of people they invite into the rental property.
4. What if damage is due to normal wear and tear?
   Landlords cannot hold you liable for reasonable wear and tear; this is part of the rental business.
5. What evidence should I collect in case of a liability dispute?
   Take dated photos, keep copies of reports, and save all correspondence related to the rental and any alleged damages.

Key Takeaways

• Tenant liability in New Brunswick covers damage or injury caused by tenants or their guests.
• Tenants have the right to dispute claims and should keep records and evidence.
• Use the Application for Assistance (RTB-10) form to resolve disputes with your landlord through the Tribunal.

Staying informed and prepared can help avoid costly mistakes and protect your rights as a tenant.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick) – Key resource for rules, forms, and dispute resolution.
• Read the Residential Tenancies Act of New Brunswick
• Legal Aid New Brunswick: Free and low-cost legal assistance
• For tips and guides on health, safety, and tenant protections, visit your local landlord–tenant board’s website or check our Common Issues Tenants Face and How to Resolve Them page.

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1. Residential Tenancies Tribunal, Government of New Brunswick. Official Tribunal website
2. Residential Tenancies Act of New Brunswick. View the legislation

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