Living in a rental in New Brunswick means tenants must understand who pays for damage like mold or mildew, how to report problems, and what protections exist under provincial rules. This guide explains when tenants may be liable, landlord responsibilities for repairs and habitability, practical prevention steps, and how to use official forms and the Residential Tenancies Tribunal if disputes arise. It uses plain language, gives examples for common scenarios, and points to helpful resources so renters in New Brunswick can act quickly, protect their health, and limit financial risk. Follow clear steps on documentation, timelines for repair requests, and when to contact public health or the tribunal for urgent hazards. Practical tips include how to document mold, communicate in writing, and when to seek legal or public-health advice.
Overview
Mold and mildew are common in damp climates and older buildings. In New Brunswick, both landlords and tenants have duties: landlords must keep units habitable and repair leaks, while tenants must avoid creating avoidable damage through negligent behaviour. Whether a tenant is liable depends on the cause, timing, and the steps taken to prevent or fix the problem.
Who is Responsible?
Responsibility is fact-specific. Landlords generally must maintain the rental for safe, healthy occupancy. Tenants are expected to take reasonable care, report issues promptly, and follow ventilation and cleaning guidance in the lease or as required by law. If mold is caused by the tenants actions (for example, repeated failure to ventilate after showers or deliberate blocking of vents), the tenant may be held liable for damage and remediation costs. If mold results from building defects or plumbing failures, the landlord is usually responsible and must arrange repairs and remediation.
Signs That a Tenant Might Be Liable
- Failing to report water leaks or visible mould for long periods despite knowing about the issue.
- Causing repeated moisture (for example, indoor drying of large loads of laundry without ventilation).
- Refusing reasonable access for inspections or repairs that would stop mould spread.
When the Landlord Is Responsible
Landlords are responsible when mould results from building issues such as leaks, poor insulation, or ventilation failures. Tenants should report suspected mould in writing and request repairs. If the landlord does not act within a reasonable time, tenants may seek help from the Residential Tenancies Tribunal or local public health authorities[2][3].
Preventing and Managing Mold (Practical Steps)
- Control moisture: use exhaust fans, open windows when weather permits, and avoid drying large loads indoors.
- Document issues: take dated photos or video of any visible mould, leaks, or damp spots.
- Notify the landlord in writing immediately and keep a copy of the message and any responses.
- Follow up by phone if the problem is urgent, and summarize calls in writing.
Reporting, Repairs and Remedies
Report mould or moisture problems in writing and allow reasonable access for inspections and repairs. If the landlord does not address urgent health or safety concerns, tenants may apply to the Residential Tenancies Tribunal for orders requiring repairs or cost recovery[2]. For health guidance on exposure and safe cleaning, consult federal public-health advice[3].
For practical guidance on home safety and when to escalate issues, see Health and Safety Issues Every Tenant Should Know When Renting.
For a clear breakdown of routine repair responsibilities, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.
Official Forms and When to Use Them
Common official documents tenants may use in New Brunswick include:
- Application to the Residential Tenancies Tribunal (Form: Application to Tribunal; number not shown on public page) — used when a tenant asks the Tribunal to order repairs, rent abatement, or cost recovery. Example: a tenant files this form after the landlord fails to fix a leak that caused mould growth and the tenant paid for emergency remediation. [2]
- Notice of Intent / Written Repair Request — tenants should always keep a dated written request to the landlord; this is used to create a clear record before filing a Tribunal application.
Costs and Insurance
Tenants may be liable for remediation costs if their actions caused the mould. Personal tenant insurance policies sometimes cover accidental damage or loss; check your policy for coverage limits and whether remediation for mould is included. For help finding rentals or comparing housing options, you can Find rental homes across Canada on Houseme.
FAQ
- Who handles tenancy disputes and orders in New Brunswick?
- The Residential Tenancies Tribunal handles disputes and can order repairs or cost recovery. The Tribunal process and applications are available on provincial pages.[2]
- What immediate steps should I take if I find mold?
- Document the mould with photos and dates, notify your landlord in writing, and request prompt repairs. Seek public-health advice for serious health risks.[3]
- Can I withhold rent until mold is fixed?
- Withholding rent is risky. Follow local rules: document defects, use repair request steps, and apply to the Tribunal if necessary rather than withholding rent without legal advice.
How-To
- Take clear dated photos and notes of the mould and any water sources or leaks.
- Send a written repair request to the landlord describing the problem and asking for a timeline for repairs.
- Allow reasonable access for inspection and remediation after arranging a time in writing.
- If the landlord does not act within a reasonable time, file an Application to the Residential Tenancies Tribunal with your documentation.
Key Takeaways
- Document mould promptly with photos, dates, and written requests to your landlord.
- Landlords must repair building defects; tenants should avoid creating avoidable moisture.
- If repairs are refused, apply to the Residential Tenancies Tribunal with your evidence.
Help and Support / Resources
- Residential Tenancies information - Province of New Brunswick
- Residential Tenancies Tribunal - Province of New Brunswick
- Health Canada guidance on mould and indoor air quality
